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EDUCATION (AMENDMENT) RULES, 2012

ARRANGEMENT OF RULES

1. Citation.

2. Amendment of rule 2.

3. Revocation and replacement of rule 4.

4. Revocation and replacement of rule 5.

5. Revocation of rule 6.

6. Revocation and replacement of rule 7.

7. Insertion of new rules 7A, 7B, 7C, 7D, 7E, 7F and 7G.

8. Revocation and replacement of rule 8.

9. Insertion of new rule 8A.

10. Amendment of rule 9

11. Insertion of new Parts IIIA and IIIB.

12. Revocation and replacement of rule 31.

13. Revocation and replacement of rule 32.

14. Revocation and replacement of rule 33.

15. Insertion of new rule 33A.

16. Revocation and replacement of rule 36.

17. Revocation and replacement of rule 37.

18. Revocation and replacement of rule 38.


19. Amendment of rule 39.

20. Revocation and replacement of rule 40.

21. Revocation of rule 54.

22. Revocation and replacement of rule 55.

23. Revocation and replacement of rule 56.

24. Revocation and replacement of rule 57.

25. Insertion of new rule 57A.

26. Revocation and replacement of rule 58

27. Revocation and replacement of rule 59.

28. Revocation and replacement of rule 60

29. Revocation and replacement of rule 62.

30. Revocation and replacement of rule 63.

31. Revocation and replacement of rule 64.

32. Revocation and replacement of rule 66.

33. Insertion of new rule 66A.

34. Revocation and replacement of rule 67.

35. Insertion of new rules 67A, 67B and 67C.

36. Revocation and replacement of rule 69.

37. Revocation and replacement of rule 70.

38. Revocation and replacement of rule 71.


39. Revocation and replacement of rule 72.

40. Revocation and replacement of rule 73.

41. Revocation and replacement of rule 74.

42. Revocation and replacement of rule 77.

43. Revocation and replacement of rule 78.

44. Revocation and replacement of rule 79.

45. Revocation and replacement of rule 80.

46. Revocation and replacement of rule 81.

47. Revocation and replacement of rule 82.

48. Revocation and replacement of rule 83.

49. Revocation and replacement of rule 84.

50. Revocation and replacement of rule 85.

51. Revocation and replacement of rule 86.

52. Revocation and replacement of rule 87.

53. Revocation and replacement of rule 88.

54. Revocation and replacement of rule 89.

55. Revocation and replacement of rule 90.

56 Revocation and replacement of rule 91.

57. Revocation and replacement of rule 92.

58. Insertion of new rule 92A.


59. Revocation and replacement of rule 93.

60. Revocation and replacement of rule 94.

61. Insertion of new rule 94A.

62. Revocation and replacement of rule 95.

63. Revocation and replacement of rule 96.

64. Revocation and replacement of rule 97.

65. Revocation and replacement of rule 99.

66. Revocation and replacement of rule 101.

67. Insertion of new rule 101A.

68. Revocation and replacement of rule 102.

69. Amendment of rule 141.

70. Revocation and replacement of rule 149.

71. Insertion of new rule 149A.

72. Revocation and replacement of Schedules.

Schedules.
No. 87] Education 1

B E L I Z E:

STATUTORY INSTRUMENT

No. 87 of 2012
____________

RULES made by the Minister responsible for Education,


after joint consultation with the Education Council
and the National Council for Technical Vocational
Education and Training, in exercise of the powers
conferred upon him by sections 15(7) and 72 of the
Education and Training Act, No. 3 of 2010, and all
other powers thereunto him enabling.

(Gazetted 6th October, 2012).


____________

1. These Rules may be cited as the Citation.

EDUCATION (AMENDMENT) RULES, 2012 S.I. 92 of


2000.

and shall be read and construed as one with the Education Amendment
to rule 2.
Rules which, as amended, are hereinafter referred to as the
principal Rules.

2. The principal Rules are amended in rule 2 by inserting


the following definitions in their proper alphabetical order -

“administrative leave” means the authorized absence of a


teacher from duty without loss of pay or benefits, in order to
facilitate the investigation of allegations of misconduct against
the teacher;

“appropriate authority” means the respective denominational


Central Governing Board or Commission of denominational
primary and secondary schools;
2 Education [No. 87

“ATLIB” means the Association of Tertiary Level


Institutions of Belize;

“central agencies” means the central arms, units, services or


offices of the Ministry responsible for strategic management
and development at the national level;

“District Education Council” means a District Education


Council appointed by the Minister under section 3(3) of the
Act;

“exceptional populations” means children who are


educationally underserved, socio-economically
disadvantaged, or have special needs; and

“TVET” means a system of technical and vocational


education and training which offers pre-vocational and
vocational programs for the development of technical,
vocational and entrepreneurial skills at secondary and post
secondary levels;”.

Revocation 3. The principal Rules are amended by revoking rule 4


and
replacement
and substituting the following -
of rule 4.
“Annual 4.-(1) Pursuant to section 6 of the Act, the
Report.
Annual Report of the Chief Education Officer
shall include a review of -

(a) management and delivery of


educational services at all levels
of education including statistics
on the number and location of
schools, student enrolment and
attendance data and staffing;

(b) developments related to access


to schools including availability
of school places and school
transportation routes;
No. 87] Education 3

(c) developments relating to the


delivery of education including
curriculum innovation, teacher
training, text-books and other
matters affecting educational
quality;

(d) student performance on national


and regional examinations,
school assessment, indicators of
school improvement and other
performance indicators of the
delivery of quality education;

(e) developments and progress in


areas specific to exceptional
populations, and to exceptional
needs in the area of literacy and
English language learning;

(f) ongoing projects and new


projects implemented; and

(g) developments in, and challenges


influencing, the management of
the education system including
assessments of where greater
efficiency and effectiveness can
be gained.”.

4. The principal Rules are amended by revoking rule 5 Revocation


and
and substituting the following - replacement
of rule 5.
5. The Chief Education Officer, under the direction of “General
the Minister, may in discharging the functions of the Ministry functions of
the Chief
pursuant to section 3 of the Act and in consultation and Education
collaboration with partners in education, manage the Officer.

education system including -


4 Education [No. 87

(a) formulating recommendations of goals,


strategies and long-term plans for improving
access, quality, and cost-effective delivery of
schooling at all levels of the education system;

(b) organising the effective delivery of educational


services at all levels of the system including the
allocation of resources within the Ministry’s
approved budget, provision and maintenance
of adequate facilities, school attendance, school
management and student safety;

(c) determining standards for and monitoring the


quality of, education for all students at all levels
of the education system;

(d) ensuring the conduct of triennial inspections of


schools and the forwarding of appropriate
inspection reports to schools, managing
authorities and other appropriate bodies for
information and action;

(e) overseeing plans and activities for educational


quality assurance, including curriculum reform,
teacher development and student assessment;

(f) managing the operations of the Education


Department including the preparation of annual
plans and budgets, supervision of technical staff,
student assistance services at all levels, such as the
award of scholarships, bursaries and other
financial assistance to students;

(g) preparing the annual report on the state of


education and training and other special reports as
are requested by the Minister;

(h) overseeing the development of proposals and


projects for funding from external agencies;
No. 87] Education 5

(i) maintaining communication with the various


partners and stakeholders in education ; and

(j) supporting the operations of the Education


Council, TVET Council, and the committees of
each in the execution of their responsibilities.”.

5. The principal Rules are amended by revoking rule 6. Revocation of


rule 6.

6. The principal Rules are amended by revoking rule 7 Revocation


and
and substituting the following rules - replacement
of rule 7.

7. A District Education Council shall - “Functions of


District
Education
(a) on the request of the Chief Education Officer, Council.
review all applications by proprietors of schools
and institutions in the district for -

(i) a licence to operate a school;

(ii) renewal of such licences;

(iii) application for change in ownership; or

(iv) application for change in location of a


school and other related factors,

and submit its recommendations to the Chief


Education Officer;

(b) on the request of the Chief Education Officer,


make recommendations about the suspension
or cancellation of a licence of a school and
institution in the district;

(c) review and make recommendations to the Chief


Education Officer for the approval of rules and
6 Education [No. 87

changes thereto for all government and


government aided schools and institutions in
the district;

(d) review and make recommendations to the Chief


Education Officer on fees charged by all schools
and institutions in the district;

(e) review appeals submitted by parents or


guardians with respect to decisions and actions
by Managing Authorities resulting from
decisions and actions of schools or institutions
by which parents or guardians are aggrieved
and shall submit their findings on such cases
with recommendations for action to the Chief
Education Officer;

(f) review annual reports submitted by District


Education Managers, other reports of relevance
including reports on national and international
examinations and make recommendations for
action to the Chief Education Officer and assist
in the formulation of plans for the development
of education and training in the district to
address local needs and in keeping with national
policies and priorities;

(g) provide assistance and information, as requested


by the Tribunal, with respect to appeals made
by teachers and instructors in accordance with
the Act, these Rules and other regulations; and

(h) consider matters relating to all levels of


education in the district and make representation
to the Education Council, the TVET Council
and to the Minister on any such matters as it
considers expedient.
No. 87] Education 7

7. The principal Rules are amended by inserting after


rule 7, the following new rules 7A, 7B, 7C, 7D, 7E, 7F and
7G -

Composition 7A. Each District Education Council shall


of District
Education
consist of twelve members from the district as
Council. follows -

(a) the District Education Manager


who shall be an ex-officio
member;

(b) the Principal of a pre-school


selected by the Principals of the
pre-schools in the district;

(c) the Principal of a primary school


selected by the Principals of the
primary schools in the district;

(d) the Principal of a secondary


school selected by the Principals
of the secondary schools in the
district at a meeting convened
for the purpose by the District
Education Manager;

(e) two representatives of Managing


Authorities of the primary
schools selected by the
Managing Authorities of the
primary schools in the district;

(f) a representative of the Managing


Authorities of secondary schools
selected by the managing
authorities of secondary schools
in the district;
8 Education [No. 87

(g) a local representative of ATLIB,


selected by ATLIB;

(h) a representative of the district


branch of the teachers’ union
having the widest membership,
selected by that union;

(i) two representatives of the


community-at-large of the
district, recommended by the
District Education Manager after
consultation with the Chief
Education Officer; and

(j) a representative of the Managing


Authority of the TVET
institution in the district.

Officers of 7B.-(1) There shall be a Chairman, Vice-


the District
Education
Chairman and Secretary of the District
Council. Education Council.

(2) The Chairman and the Vice-Chairman


shall be elected by members of the District
Educational Council from its membership at
the first meeting of the Council.

(3) The District Education Manager shall


act as Secretary to the District Education
Council, ex-officio, with the right to vote.

Term of office 7C.-(1) The term of office of the members of


for the
District
the District Education Council, other than ex-
Education officio members, shall be for three years from
Council. the date of appointment but members shall be
eligible for reappointment, provided that a
member shall not serve for more than two
consecutive terms.
No. 87] Education 9

(2) A normal term of office shall begin on


January 1.

(3) The Chairman may at any time resign


his office by giving the Minister written
notification of his resignation.

(4) A member of the District Education


Council may resign his office by giving at
least two weeks written notice to the Minister,
through the Chairman, of his resignation, but
the Minister may waive the required period of
notice.

(5) The Minister, on the recommendation


of the District Education Council through the
Chairman, may terminate the appointment of
a member who -

(a) is disruptive to the work of the


District Education Council;

(b) is incapable of carrying out the


work of the District Education
Council;

(c) violates required confidentiality


of District Education Council
matters;

(d) is absent from three consecutive


meetings of the District
Education Council without
sufficient cause in the opinion
of the District Education
Council;

(e) no longer shows interest in the


affairs of the District Education
Council; and
10 Education [No. 87

(f) acts contrary to the interests of


the District Education Council.

(6) A person shall cease to be a member


of the District Education Council if he no
longer holds the post based on which he was
nominated to the District Education Council.

(7) Any vacancy on the District Education


Council shall be filled by a replacement from
the same category of persons as the former
member and such a replacement shall be for
the rest of the unexpired term of the person
replaced.

Meetings of 7D.-(1) The District Education Council shall


the District
Education hold at least four meetings in every school
Council. year, one meeting being in July or August
and one in each term of the school year.

(2) The Secretary to the District Education


Council shall give notice of every meeting
and shall circulate the agenda of the meeting
and minutes of the previous meeting not less
than seven days prior to the date of such
meeting, provided that this shall not apply to
special meetings.

(3) The Chairman shall preside over all


meetings of the District Education Council
which he attends and in his absence the Vice-
Chairman shall preside. When both the
Chairman and the Vice-Chairman are absent
or unable to preside the members present
shall choose a person from among the
membership other than the Secretary, to act
as Chairman.
No. 87] Education 11

(4) Seven members of the District


Education Council shall constitute a quorum
at any meeting.

(5) No business shall be conducted at any


meeting of the District Education Council
unless a quorum is present.

(6) Decisions of the District Education


Council at meetings shall be taken by a simple
majority of members present and voting.

(7) No act or proceeding of the District


Education Council or of any committee of the
Council shall be invalidated on account of
any vacancy among the members of the
District Education Council or such committee.

Special 7E.-(1)The Chairman may, at any time,


meetings of
the District summon a special meeting of the District
Education Education Council and must call such a
Council.
meeting within fourteen days if he receives -

(a) a request for that purpose


addressed to him in writing and
signed by five members of the
District Education Council; or

(b) a directive to that effect


addressed to him in writing by
the Chief Education Officer.

(2) A request for a special meeting shall


state the specific purpose for which the
meeting is required to be summoned and that
meeting shall consider only the specific
purpose for which it was summoned.
12 Education [No. 87

Minutes of 7F.-(1) The Secretary to the District Education


the District
Education Council shall keep minutes of each meeting
Council. which minutes shall be put to the membership
for confirmation at the next regular meeting
of the District Education Council.

(2) A copy of the confirmed minutes of


each meeting shall be forwarded to the Chief
Education Officer within two weeks of the
meeting at which the minutes were confirmed.

(3) The District Education Council shall


maintain records of its proceedings.

Standing or 7G.-(1) The District Education Council shall


ad hoc
Committees appoint the following standing committees to
of the District execute the specific responsibilities assigned
Education
Council. under these Rules -

(a) a Pre-school and Primary School


Services Committee to oversee
matters related to the
establishment, management and
operations of schools, and the
licensing and employment of
teachers in pre-school and
primary schools;

(b) a Secondary School Services


Committee to oversee matters
related to the establishment,
management and operations of
schools, and the licensing and
employment of teachers in
secondary schools;

(c) an Exceptional Populations and


Student Welfare Committee to
No. 87] Education 13

consider matters relating to the


well-being of students, including
admission and attendance of
students, problems of non-
participation, student assistance
programmes, and the school-
community relationship; and

(d) a Standards and Quality


Committee to monitor the
performance and quality of
schools, curriculum and textbooks,
teacher development, student
performance in examinations, the
adequacy of school facilities, and
to review and make
recommendations based on school
inspection reports.

(2) The District Education Council may


appoint such ad hoc committees to execute
specific responsibilities as he need may arise
from time to time.

(3) Each standing or ad hoc committee


shall include members appointed by the
District Education Council from among its
members, but the District Education Council
may also appoint persons to standing or ad
hoc committees who are not members of the
District Education Council but who have
specific expertise pertaining to the portfolio
of the committee.

(4) A committee appointed under this rule


sharing a mandate with another committee
shall work together in the best interests of and
toward the objectives shared by the committee.
14 Education [No. 87

(5) The Chairman of any standing or ad


hoc committee formed by the District
Education Council shall be a member of the
District Education Council and shall be
appointed by the District Education Council.

(6) The District Education Council shall


decide on the terms of office, powers and
functions of every standing or ad hoc
committee it appoints.

(7) Decisions of standing or ad hoc


committees shall be taken by a simple majority
of members present and voting.”.

Revocation 8. The principal Rules are amended by repealing rule 8


and
replacement
and substituting the following -
of rule 8.
“District 8.-(1) The Ministry of Education shall
Education
Centre.
establish and maintain a District Education
Centre in each district.

(2) The District Education Centre shall


act as the secretariat for the District Education
Council.

(3) District Education Centres shall house


the administrative offices of the Ministry for
the district and shall serve as the centre for
managing, monitoring, supervising,
promoting and implementing educational
development in the district and shall be
organized so as to facilitate the efficient and
coordinated supervision of schools and the
promotion of delivery of quality educational
services in the district.”.

Insertion of 9. The principal Rules are amended by inserting after


new rules 8A.
rule 8, the following new rule 8A-
No. 87] Education 15
“Functions of 8A.-(1) Every District Education Centre shall
District
Education be headed by a District Education Manager
Centre. and be supported by other administrative,
technical and support staff as may be
determined from time to time by the Chief
Education Officer.

(2) The District Education Manager shall


have overall responsibility for the
development, implementation and monitoring
of an education development plan for the
district in collaboration with the District
Education Council and with the support of
central agencies.

(3) The District Education Centre shall,


under the supervision and monitoring of the
District Education Manager, provide services
and perform functions which include -

(a) identifying district education


sector needs and developing a
coordinated, prioritized district
level sector plan and
implementation strategy in
accordance with broader
National education sector goals
and include -

(i) in collaboration with


central agencies,
accessing and analyzing
district education sector
data to inform the
development of the district
education sector plan;

(ii) ensuring the co-ordination


of district plans and
16 Education [No. 87

schedules with central


agencies of the Ministry in
order to optimize the use of
district and central
resources;

(iii) ensuring that the district


education sector plan is
based on achievable,
prioritized goals that are
aligned with budgetary
priorities and constraints of
the Ministry;

(b) planning and conducting regular


school supervision to guide,
support, and monitor school
improvement and development
guided by agreed standards for
school quality and student
achievement.

(c) undertake the following activities-

(i) regular school supervision


to support and monitor
school improvement and
development by providing
guidance and support for
the development and
conduct of school self
assessment, and the
development and
implementation of school
improvement plans;

(ii) monitoring and providing


support and feedback to
No. 87] Education 17

managements, schools and


teachers by identifying areas
of weakness in quality of
teaching including curri-
culum delivery, classroom
practices and assessment;

(iii) monitoring and providing


support and feedback to
managements and ad-
ministrators on the
effectiveness of school
leadership by identifying
areas of weakness in the
quality of management and
administration of the school,
the school organization,
infrastructure, and effective
use of resources;

(iv) identifying professional


development needs of
school leaders and teachers.

(d) serving as a teacher resource


center; and

(e) conducting administration of


routine services including-

(i) gathering of information


from schools to inform
planning and resourcing
needs;

(ii) managing a local text book


supply at the District
Education Center;
18 Education [No. 87

(iii) liaising with the


Commission regarding
licensing of teachers;

(iv) liaising with the Chief


Education Officer
regarding the licensing of
schools;

(v) assisting with the


implementation and
monitoring of financial
assistance or grants to
students;

(vi) assisting with the ad-


ministration of local and
international examinations
at the district level;

(vii) working with appropriate


agencies as it relates to
national emergencies,
national disasters, or
emergencies of any other
type in respect of
coordinating a response and
informing about the need to
use schools and to close
schools as the situation may
demand;

(ix) assisting with the


organization and im-
plementation of continuous
professional development
workshops for teachers;
No. 87] Education 19

(x) providing representation of


the Ministry on school
boards and reporting on the
proceedings and decisions
of the boards to the Chief
Education Officer;

(xi) maintaining oversight of


effective communication
between associations of
principals and partners in
education with respect to
various educational
programmes.”.

10. The principal Rules are amended by revoking rule Amendment


9(2). of rule 9.

11. The principal Rules are amended by inserting after Insertion of


new Parts
Part III, the following new Parts IIIA and IIIB - IIIA and IIIB.

“PART IIIA
STANDING COMMITTEES OF THE COUNCILS
FOR EDUCATION AND TRAINING

Standing 9A.-(1) The Council and the TVET Council


Committees
of the
shall establish the following standing
Councils for committees or such other standing committees
Education and
Training.
as may be appropriate to carry out the work of
the Council -

(a) a Committee for Adult and


Continuing Education and
Training to consider and advise
on the goals and strategies for
improving the standard and level
of literacy and continuing
20 Education [No. 87

education and training needs in


the adult population;

(b) a Committee for School Services


to consider and advise on matters
relating to availability and access
to early childhood education,
special education, primary
education, secondary education
and technical vocational education
and regarding matters relating to
the establishment and
management of such schools and
institutions deemed necessary for
the delivery of the required
programs;

(c) a Committee for Exceptional


Populations and Student Welfare
to focus on matters relating to the
development, implementation,
availability, and access to
appropriate educational
programming for exceptional
populations; and to consider and
advise on issues relating to
protection of students, parental
responsibilities, problems of non-
participation, health and well-
being of students, textbook loan
schemes, support programs to
promote student success and
retention in schools and other
student support schemes.;

(d) a Committee for Higher


Education to consider and advise
on matters relating to the
No. 87] Education 21

availability and access to higher,


professional, and technical
education, and on matters relating
to the establishment of tertiary
level institutions; and

(e) a Committee for Relevance and


Quality to consider and advise on
matters relating to relevance and
quality of early childhood
education, primary education
secondary education and technical
vocational education and training,
including -

(i) the national goals of


education and the
curricula;

(ii) standards;

(iii) standards of achievement


and school performance
targets;

(iv) quality and availability of


textbooks and other
educational and training
materials;

(v) national and international


examinations; and

(vi) adequacy of facilities and


equipment.

(2) A standing committee shall include


members from the Council and the TVET
22 Education [No. 87

Council, as the case may be, to form a joint


committee, and may also include persons
who are not members of the either council but
who have specific expertise in the portfolio
of the committee.

(3) A standing committee formed by the


council shall have a Co-Chairperson appointed
by the Council and the TVET Council,
respectively, from among the members of each
council.

(4) The councils shall jointly decide on the


terms of office, powers and functions of every
standing committee appointed.

(5) A decision of a standing committee


shall be taken by a simple majority of members
present and voting.

PART IIIB
BELIZE TEACHING SERVICE COMMISSION

Selection of 9B.-(1) Pursuant to section 15 (3), (4) and (5)


representatives
of parents to of the Act, and prior to the date of the special
Commission. meeting convened pursuant to section 15(6)
of the Act, the appropriate authority shall
nominate one person, from each education
region, to be a parent representative on the
Commission.
No. 87] Education 23

(2) The appropriate authority shall ensure


that denominational primary and
denominational secondary schools are given
the opportunity to nominate qualified persons
from denominational primary and
denominational secondary schools from
which nominations pursuant to sub-rule (1)
may be made.

(3) Where a nomination is made under


sub-rule (2), the denominational primary
school or denominational secondary school,
as the case may be, shall submit to the
appropriate authority proof of election to
office of the nominated person, in accordance
with section 15 (2) (b) (viii) and (5) of the
Act.

(4) The appropriate authority shall


immediately after the nominations are made,
inform the Ministry of the persons nominated
under sub-rule (1) and shall provide proof of
election to office of those persons so
nominated, in accordance with section 15 (2)
(b) (viii) and (5) of the Act

(5) Where the Ministry convenes a special


meeting in accordance with section 15(6) of
the Act, for the purpose of selection of
representatives of parents under section
15(2)(b)(viii) of the Act, the nominees shall
elect from amongst themselves the person
from each education region to represent
parents on the Commission.”.

12. The principal Rules are amended by repealing rule Revocation


31 and substituting the following - and
replacement
of rule 31.
24 Education [No. 87

“Proprietor 31.-(1) A proprietor responsible for a pre-


appointment
of Managing school or primary school may
Authority.

(a) act as the Managing Authority;


or

(b) appoint a single manager, a


board or committee, or an
independent agency, or-
ganization or corporate body to
be the Managing Authority

for that school.

(2) Where a board, committee or an


independent agency, organization or
corporate body is appointed as the Managing
Authority of a pre-school or primary school,
the proprietor shall appoint, at his own
expense, a general manager and such local
managers who are suitably qualified to oversee
the management of that school at the national
and district levels respectively, under the
direction and supervision of the Managing
Authority and the general manager shall be
the primary liaison between a Managing
Authority and the Ministry, the Commission,
and any other relevant body.

(3) Every proprietor having responsibility


for one or more secondary, post-secondary,
tertiary school or TVET institution shall
appoint a board of management, board of
governors or board of trustees, as may be
appropriate and the board so appointed shall
be the Managing Authority for each such
school or institution and the chairman of the
board shall be the primary liaison between a
No. 87] Education 25

Managing Authority and the Ministry, the


Commission, and any other relevant body.

(4) Notwithstanding sub-rule (3), where a


school or institution comprises both a secondary
school and junior college, the proprietor of the
school or institution may determine, after
providing sufficient justification for the case to
the satisfaction of the Chief Education Officer,
whether there shall be a joint board or separate
boards of management for the different levels.

(5) A person who is actively employed or


engaged as a teacher, principal or other staff
member of a primary school shall not be
appointed as a general manager or local manager
of that school.

(6) A member of a board which has been


appointed as Managing Authority of a secondary
school, tertiary institution or an ITVET, except
the principal, dean, or ITVET manager as the
case may be, and staff representative, shall not
be actively engaged or employed by the school
or institution in any capacity.

(7) Where a proprietor owns more than one


school or institution, the proprietor shall maintain
an adequate management system so that each
school or institution can be given the attention
required under these Rules.”.

13. The principal Rules are amended by revoking rule 32 Revocation


and
and substituting the following - replacement
of Rule 32.
“Duties etc., 32.-(1) Pursuant to section 40 of the Act, a
of Managing
Authorities. Managing Authority in consultation with the
school administration, teachers and staff,
parents, and students as the case may be, is
26 Education [No. 87

responsible for the formulation of policies


and internal regulations in the following areas-

(a) curriculum and instruction


including -

(i) curricular and co-


curricular organization and
structure;

(ii) teaching and learning


practices including
assessment; and

(iii) grading, promotion,


graduation, certification,
and awards; provided that
any such policy is in
accordance with policies
and directives of the
Ministry and in accordance
with the Act and these
rules;

(b) learning environment and


support for students including-

(i) the conduct, discipline, rights,


andresponsibilitiesofstudents
in accordance with the Act
and these rules;

(ii) access, admission and


inclusion of students; and

(iii) procedures and protocols for


ensuring the health, safety and
security of staff and students
No. 87] Education 27

including children with


disabilities;

(c) school ethos and community


relations for the purpose of –

(i) ensuring the engagement of


parental and community
involvement for the
achievement and welfare of
all students and the school;

(ii) fostering a sense of individual


and collective responsibility
for the achievement and
welfare of all students and the
school;

(iii) promoting high expectations


for student success among
teachers, students, parents,
and the community; and

(iv) ensuring equity, fairness, and


consistency and promote
mutual respect in all matters
pertaining to the relationships
among all members of the
school community;

(d) personnel including-

(i) the conduct and professional


obligations of the ad-
ministrative, teaching, support
and ancillary staff of the school
provided that that any such
policy, regulation or Code of
28 Education [No. 87

conduct is approved by the


Minister in accordance with
section 29 (13) of the Act;
and

(ii) the compliance of the


administration, teachers, and
ancillary staff with the
provisions of the Act and
these rules;

(e) physical plant use and


maintenance including –

(i) making provisions for the


repair and maintenance of all
property belonging to the
school;

(ii) themaintenanceofinventories
of school property; and

(iii) provisions for the proper use


of school facilities;

(f) use, management and


accounting of financial resources
of the school including the
systems and procedures for
accounting to be followed; and

(g) quality assurance including


school self evaluation and
improvement planning,
implementation and monitoring.

(2) A Managing Authority shall, in


keeping with the development and
No. 87] Education 29

implementation of relevant policies under


sub-rule (1), ensure for every school or
institution under its management that –

(a) proper physical conditions exist


for the conduct of schooling
through the regular maintenance
of buildings and upkeep of the
grounds of the school or
institution;

(b) the provision and maintenance


of furniture, equipment and
materials are sufficient for the
number of students there
enrolled;

(c) the provision of conditions


conducive to the health and
safety of students and teachers
is ensured; and

(d) the provision of the necessary


support for a quality learning
environment for all children is
maintained.

(3) A Managing Authority shall be


responsible for the proper maintenance of all
records pertaining to staff, students, and
inventories of school property in accordance
with the Act and these rules and shall maintain
a management information system for storing
and retrieving information including
information on students, staffing, finances
and physical facilities and shall submit to the
Ministry such information as required by the
Act or these Rules or as may be required from
time to time by the Ministry.
30 Education [No. 87

(4) A Managing Authority, through its


appointed representative and primary liaison,
is the main channel of communication
between the Managing Authority and schools,
institutions and teachers under its management
and the Ministry, the Commission, the District
Education Councils and other relevant bodies
and in this respect shall -

(a) ensure that all circulars and


directives from the Ministry or
District Education Council reach
all schools or institutions under
its management in a timely
manner;

(b) ensure that all circulars and


directives from the Commission
are given to the teachers
concerned; and

(c) prepare and submit to the


requesting entity documents,
reports, returns, and other
information as may be required
by the District Education
Councils, the Commission, any
other managing Authority and
the Ministry;

(d) submit to the Commission copies


of the following documents,
within five working days of
processing -

(i) copies of all applications


for release granted to
teachers from its
management;
No. 87] Education 31

(ii) reports of all instances of


unauthorized leave by
teachers;

(iii) copies of all applications for


leave of less than ten days
granted to teachers under its
management;

(iv) copies of documentation


relevant to disciplinary actions
in relation to minor offences.

(5) A Managing Authority shall be


responsible for the financial management of
the school or institution and shall ensure that
proper accounts are maintained.

(6) A Managing Authority shall conduct


ongoing school supervision, in collaboration
with the respective District Education
Councils and District Education Centres, in
all schools and institutions for which it is
responsible and shall submit triennial reports
on each school or institution to the Chief
Education Officer, the Council and TVET
Council, as applicable, by the end of
September of the school year immediately
following the triennium to which it is
applicable.”.

14. The principal Rules are amended by revoking rule 33 Revocation


and
and substituting the following - replacement
of rule 33.

“Liability of 33.-(1) A Managing Authority shall be held


Managing
Authority.
responsible for any violation of the Act and
these Rules by any school or institution which
comes under its authority, or which is acting
32 Education [No. 87

on its behalf on the authorization of the


Managing Authority.

(2) A contravention of the provisions of


these Rules by any servant or agent of a
Managing Authority shall be deemed to be a
contravention by that Managing Authority,
unless the Managing Authority establishes that
such contravention was committed without its
knowledge or that it exercised all due diligence
to prevent the contravention and in such case,
the servant or agent shall be liable for the
contravention.”.

Insertion of 15. The principal Rules are amended by inserting after


new rule 33A.
rule 33, the following new rule 33A -

“Breach by 33A.-(1) A Managing Authority commits a


Managing
Authority in
breach where, among other things, it –
relation to
employment (a) employs a teacher not in
and
conditions of possession of a valid licence to
service of teach;
teachers.

(b) retains on staff an appointed


teacher who has not met the
requirements for maintaining a
Full Licence to teach;

(c) retains on staff a teacher with a


Provisional Licence who does
not obtain the qualifications for
a Full Licence in the time
prescribed;

(d) takes disciplinary action against a


teacher for a major offence
without first obtaining the
approval of the Commission;
No. 87] Education 33

(e) transfers or dismisses an


appointed teacher without the
approval of the Commission;

(f) approves leave of more than ten


(10) days for a teacher , without
the approval of the Commission;

(g) repeatedly fails to comply with


the specified time frames for
submission of applications by
teachers;

(h) fails to provide satisfactory


evidence for supervision and
support to teachers on probation;

(i) fails to formulate and oversee


the implementation of policies
and internal regulations for the
proper and efficient
management of schools or
institutions under its
management; or

(j) fails to meet the conditions for


grant-in-aid as specified in
section 46 of the Act.

(2) Where a Managing Authority commits


a breach under sub-rule (1), section 45 or 46
of the Act, as the case may be, shall apply.”.

16. The principal Rules are amended by revoking rule 36 Revocation


and substituting the following - and
replacement
of rule 36.
“Principals
and Vice-
36.-(1) Every school shall have a Principal
principals. who shall be responsible for the
implementation of management decisions and
34 Education [No. 87

policies and for working with the Managing


Authority to ensure that students at the school
receive the best education possible.

(2) A Principal shall be ultimately


responsible for the day to day administration of
the school, for developing, in consultation with
teachers and staff, parents and students as
appropriate, school rules and policies and
recommending such to the School Board or
Committee or Board of Management, for
providing educational leadership and leading
development and improvement of the school,
for liaising with parents and the community. In
carrying out this responsibility the principal
shall be assisted by the Vice Principal.

(3) Notwithstanding sub-rule (2), a


Principal shall have specified duties as an ex-
officio member of the School Board or School
Committee or Board of Management as
applicable.

(4) A school may have one or more Vice-


Principals who are responsible for assisting the
Principal in the day to day administration of the
school or institution, for developing, in
consultation with teachers and staff, parents
and students as appropriate, school rules and
policies and recommending such to the School
Board or Committee or Board of Management,
for providing educational leadership and leading
development and improvement of the school,
for liaising with parents and the community and
in deputising for the Principal as may be required.

Schedule 1 (5) Principals and Vice-Principals shall be


assigned in accordance with Schedule 1.” .
No. 87] Education 35

17. The principal Rules are amended by revoking rule 37 Revocation


and
and substituting the following - replacement
of Rule 37.
“Duties of 37.-(1) A Principal and Vice-Principal shall
Principals
and Vice-
have such responsibilities related to the
Principals. administration of the school as specified in
their respective job descriptions and shall
include -

(a) overseeing admission,


placement, promotion and
graduation of students;

(b) enforcing school rules and


maintaining a safe and
proper school environment
and culture conducive to
schooling;

(c) assigning, directing and


assessing staff;

(d) organising the registration


of students in examination
and other processes;

(e) maintaining school records


as prescribed by the Act
and these Rules and such
other records generated
from the application of
these Rules and such other
procedures and regulations
prescribed by the Ministry;

(f) monitoring the state of


facilities and the
availability of materials,
equipment and furniture;
36 Education [No. 87

(g) preparing and adjusting, as


necessary, the school’s
annual budget, and
supervising financial and
other business transactions
as required; and

(h) preparing such reports as


may be required by the
Managing Authority and the
Ministry.

(2) A Principal and Vice-Principal are


required to provide educational leadership to
the school especially in the areas of pedagogy,
curriculum and assessment and in so doing,
the Principal and Vice-Principal shall -

(a) ensure establishment of quality


assurance mechanisms;

(b) lead and coordinate school


improvement through school
self-evaluation, identification of
areas for improvement and
developing and implementing
school improvement plans on a
continuing basis;

(c) direct the organisation and


implementation of the school
curriculum, annual teaching
plans, instructional schedules,
annual activity plans, and book
lists;

(d) undertake the clinical supervision


of teachers and provide
No. 87] Education 37

appropriate support for teachers


in areas that include child-centred
teaching strategies, relevant,
ongoing assessment of and for
learning and effective classroom
management practices;

(e) liaise with the Managing


Authority, the Ministry and other
agencies on matters relating to the
introduction of new academic
policies and practices relating to
student assessment, textbooks and
other materials or teaching
practices in the school;

(f) identify staff development needs


and coordinate staff development;

(g) seek the participation of students


in inter-school events at local,
district and national levels and
facilitate intra-school activities and
clubs which contribute to the
overall development of the
students; and

(h) teach as may be required.

(3) A Principal and Vice-Principal shall


be the primary liaison between the school and
parents specifically and between the school
and the community generally; in this regard
the Principal and Vice-Principal shall -

(a) ensure that policies and rules of


the school are communicated to
parents;
38 Education [No. 87

(b) invite the parent or guardian to


meet the Principal, Vice-Principal
and staff at least once in every
term or semester to receive reports
on school activities for the term or
semester; and

(c) involve parents and members of


the general community in school
activities, including the
development of school rules and
policies and school self-
evaluation and school
improvement planning and
implementation as appropriate.

(4) A Principal shall also have


responsibilities in relation to the overall
management of the school; in this regard,
Principals -

(a) shall perform duties relating to


membership on School Boards
or School Committees, as
appropriate;

(b) under direction of the Managing


Authority, shall guide the
formulation of school policies and
rules;

(c) under direction of the Managing


Authority, shall guide the
development of strategies and
plans to meet operational and
development needs of the school
or institution;
No. 87] Education 39

(d) shall spearhead implementation


of school development plans; and

(e) under direction of the Managing


Authority, shall participate in
recruitment, selection and
disciplining of staff.

(5) A Principal shall not be required to


report for duty earlier than fifteen minutes
before the commencement of classes unless
exceptional circumstances exist requiring the
Principal to report for duty earlier than the
prescribed fifteen minutes.” .

18. The principal Rules are amended by revoking rule 38 Revocation


and
and substituting the following - replacement
of rule 38.

“Head of 38.-(1) A secondary school or ITVET


departments.
institution may have departments of studies
led by a Head of Department.

(2) A department of study shall consist


of-

(a) one or more related disciplines;


and

(b) no fewer than five teachers each


of whose teaching load in the
department is not less than one
third of the teacher’s total
teaching hours.

(3) A head of department shall have


responsibilities relating to the administration
of the school or institution including -
40 Education [No. 87

(a) assisting with overseeing


admission, placement and
graduation of students;

(b) supporting the enforcement of


school rules and maintenance of
a safe and proper school
environment and culture
conducive to learning;

(c) advising and assisting in the


deployment and assessment of
staff pertaining to the
department;

(d) assisting in the registration of


students in examinations and
other processes;

(e) maintaining such records as are


pertinent to the department and
school;

(f) monitoring the state of facilities


and the availability of materials,
equipment and furniture for the
department;

(g) managing equipment, and the


re-ordering, storing and using
of materials, and supplies for
the department;

(h) accounting for spending within


the department’s budget;

(i) assisting in preparing and


adjusting, as requested, the
No. 87] Education 41

department’s annual budget;


and

(j) preparing such reports as may


be required by the Principal.

(4) A head of department shall be required


to provide educational leadership to the school
or institution especially in the areas of
pedagogy, curriculum and assessment; in this
regard, a head of department shall -

(a) plan, implement and review the


department’s curriculum within
the framework of new academic
policies and practices relating to
student’s assessment, textbooks
and other materials;

(b) liaise with the Principal and


Vice-Principals and teachers on
matters relating to the
introduction of new academic
policies and practices relating to
student assessment, textbooks
and other materials or teaching
practices in the school or
institution;

(c) assist in the clinical supervision


of teachers and provide
appropriate support for teachers
in areas that include child-
centred teaching strategies,
relevant, ongoing assessment of
and for learning and effective
classroom management
practices;
42 Education [No. 87

(d) assist in identifying staff


development needs and
coordinate staff development
activities;

(e) assist the Principal and Vice-


Principals in organising the
participation of students in inter
and intra-school events and
activities which contribute to the
overall development of the
students; and

(f) teach as may be required.

Amendment 19. The principal Rules are amended by revoking rule


of rule 39.
39(1) and substituting the following -

“Staffing 39.-(1) Every Government and Government-


Schedule
Schedule 1
aided school shall be staffed in accordance
with the staffing schedule set out in Schedule
1.”.

Revocation 20. The principal Rules are amended by revoking rule 40


and
replacement and substituting the following -
of rule 40.
“Duties of 40.-(1) A teacher shall, under the supervision
teachers.
of the Principal, Vice-Principal, or Head of
Department as applicable, to develop annual
and weekly teaching plans with reference to
the national and school curriculum and the
status and needs of his students in relation to
the specified learning outcomes in the national
curriculum.

(2) A teacher shall prepare for and to


conduct classroom and other intra-mural
educational activities and to participate in
extra-mural educational activities in
No. 87] Education 43

accordance with his teaching plans and with


the school policies and plan for the education
of students.

(3) A teacher shall support the


enforcement of school rules and maintenance
of a healthy and secure school environment
and culture conducive to learning.

(4) A teacher shall regularly assess student


progress, maintain records of such assessment
and regularly report on student attainment to
parents, Principal and community
stakeholders.

(5) A teacher shall supervise and to


monitor the well-being of students in his care
at all times and to identify and refer students
requiring special attention to the
administration.

(6) A teacher shall maintain a record of


student attendance and other pertinent school
records.

(7) A teacher shall participate in official


school activities as determined by the Principal
and Managing Authority such as admission,
placement and graduation of students.

(8) A teacher shall participate in home-


school and community liaison efforts,
including PTA meetings, for the development
of the school and improvement of
communication and working relationships
with parents and the community.

(9) A teacher shall participate in educational


and professional development activities as
44 Education [No. 87

determined by the Principal, Managing


Authority and Ministry.

(10) A teacher shall participate in official


civic ceremonies and activities, such as activities
commemorating Belize’s Independence.

(11) A teacher shall not be required to report


for duty earlier than ten minutes before the
commencement of classes unless exceptional
circumstances exist requiring the teacher to
report for duty earlier than the prescribed ten
minutes.”.

Revocation of 21. The principal Rules are amended by revoking rule


rule 54.
54.

Repeal and 22. The principal Rules are amended by revoking rule 55
replacement
of rule 55. and substituting the following -

“Classification 55. Teachers of Government and


and pay.
Government-aided schools shall be paid in
accordance with salaries for public officers
on pay scales designated according to a
classification scheme for teachers based on
that teacher’s academic and professional
qualifications.”.

Revocation 23. The principal Rules are amended by revoking rule 56


and
replacement and substituting the following -
of rule 56.

“Licensing of 56.-(1) Every person employed on the


teachers and
register of teaching staff of a pre-school, primary school,
licensed secondary, or Technical and Vocational
teachers.
school or institution shall possess a valid
licence issued by the Chief Education Officer.
No. 87] Education 45

(2) A licence to teach shall constitute an


agreement by the holder to abide by the Act
and all Rules and Regulations made
thereunder.

(3) A licence under subsection (1) shall


allow the holder of that licence to teach at one
or more specified levels provided that the
teacher possesses the appropriate academic
and professional requirements.

(4) Subject to the conditions for licensing


under the Act and these Rules, a person who
applies and possesses the necessary
Schedule 2. qualifications, specified in Schedule 2, for a
Full Licence at the specified level and where
appropriate, in the specified area, shall be
issued a Full Licence.

(5) A Full Licence shall remain valid for


a period not exceeding five years unless the
licence is suspended or revoked by the Chief
Education Officer in instances where the
teacher fails to meet the requirements to
maintain the licence or for such other causes
or under such circumstances stipulated in the
Act and these Rules.

(6) For the purpose of these Rules, the


Commission shall cause to be maintained a
database of teachers which shall include
records of teachers in which pertinent
information about all licensed teachers shall
be recorded including their biographical data,
type of licence, level at which licensed to
teach, and any other information regarding
the past and current status of the teacher.”.
46 Education [No. 87

Revocation 24. The principal Rules are amended by revoking rule 57


and
replacement and substituting the following -
of rule 57.
“Requirements 57.-(1) A person shall, in order to obtain any
for licence to
teach. category of teaching licence -

(a) have a good command of the


English language for effective
communication in the classroom;

(b) demonstrate personal and


behavioural qualities to be a
positive role model to students
consistent with -

(i) respect for the status of


Belize as a nation, a
commitment to civic
obligations, a commitment
to the preservation and
development of Belize and
an appreciation of the
diversity of the people and
cultures of Belize;

(ii) respect for the rights and


property of others, the
practice of fair treatment
of others, respect for the
law and respect for the
basic values of society;

(iii) a sense of right and wrong,


the practice of moral
conduct, a commitment to
truth and honesty, and
respect for spiritual values;
and
No. 87] Education 47

(c) meet the requirements for


academic and professional
qualification necessary to obtain
a licence to teach as prescribed
Schedule 2. in Schedule 2.

(2) In order to obtain a Full Licence, a


person shall, in addition to the above
requirements -

(a) have the necessary level of


academic qualification in the
subject area to ensure subject-
matter competence for effective
teaching at the specified level;

(b) have the necessary professional


qualifications in the field of
education to -

(i) effectively design a course


and teaching plan;

(ii) effectively teach and


conduct classroom and
other educational activities
to develop students in
terms of their knowledge,
skills and attitudes
specified by the
curriculum of the school,
or the national curriculum
prescribed by the Ministry
and other qualities
consonant with the
educational goals of the
school and educational
standards and targets set
by the Ministry;
48 Education [No. 87

(iii) develop and apply


instruments to assess and
evaluate student
achievement;

(iv) effectively manage the


classroom and maintain
responsible supervision of
students under his care;

(v) provide necessary


physical care and
emotional guidance of
students under his care; and

(vi) where appropriate,


effectively provide
instructional leadership
and school leadership and
management.

(3) The framework for the issuing of


teaching licences at the pre-primary, primary
Schedule 2 and secondary levels is set out in the Schedule
2.”.

Insertion of 25. The principal Rules are amended by inserting after


new rule 57A.
rule 57 the following new rule 57A -

“Maintenance 57A.-(1) A teacher shall maintain a Full


of a full
licence to
Licence to teach provide evidence of
teach. successful completion of a minimum of one
hundred and twenty hours of continuing
professional development during the period
of five years immediately following granting
of the Full Licence through relevant studies
in content and pedagogical areas or through
other activities leading to enhanced
No. 87] Education 49

competence in teaching, provided that such


studies or other activities are approved by the
Ministry.

(2) An appointed teacher who fails to meet


the requirements to maintain a Full Licence to
teach shall be struck from the Register of
Licensed Teachers and the Register of
Appointed Teachers and shall not be eligible
for renewal of a Full Licence, continued
employment or reappointment until he fulfils
the requirements, at his own expense, and
reapplies for a Full Licence in accordance with
the Act and the Rules.”.

26. The principal Rules are amended by revoking rule 58 Revocation


and substituting the following - and
replacement
of rule 58.
“Provisional 58.-(1) The Chief Education Officer may,
licences and
special where a person does not possess all of the
licences. required academic or professional
qualifications for a Full Licence to teach at
the specified level, grant one of the following-

(a) Provisional Licence: which is a


licence issued for a period not
exceeding five years to a person
who lacks some of the
qualifications for a Full Licence
to allow the filling of vacancies
where the supply of trained
teachers is insufficient to meet
the demand and it shall be a
condition of a Provisional
Licence that the holder will
acquire the necessary
qualifications within the period
of the licence;
50 Education [No. 87

(b) Special Licence: which is a


licence issued for an initial
period of two years and is subject
to renewal in accordance with
sub-rule (5) to a person who
possesses particular skills or
experience specially required by
a school or institution, to teach
in such specialized skill or
knowledge areas as may be
required by the school or
institution, or be manager of a
TVET institution, under
circumstances where the supply
of persons with the specialized
skill or knowledge along with
pedagogical training are in short
supply;

(c) Permit to Teach: is an


authorization for a period not
exceeding two years to allow a
person to teach or provide
voluntary services in any school
in Belize where a person or
teacher is -

(i) enrolled in a recognized


teacher education
programme in Belize or
abroad and intends to
undertake a period of
internship in any school in
Belize;

(ii) on an exchange
programme between a
foreign school and any
No. 87] Education 51

school in Belize through


an agreement or
arrangement between the
foreign school and the
Managing Authority or
with the Government, or
Ministry; or

(iii) doing voluntary work in any


school in Belize through an
agreement or arrangement
between a foreign school or
organization and the
Managing Authority or the
Ministry or Government.

(2) A person granted a Provisional or


Special Licence to teach shall not be eligible
for appointment during the period that he
holds such a licence.

(3) In accordance with section 29(7) of


the Act, a teacher, who holds a Provisional
Licence, shall be eligible for temporary
employment on a year to year contract basis
for a maximum period of five (5) years.

(4) A Special Licence as defined in sub-


rule (1)(b) shall be issued only under
circumstances warranting the employment of
the person. Such a person may be required,
however, to undertake specific short-term
professional development as may be
necessary for improving instruction at and
the development of the school or institution.

(5) A Special Licence shall be granted for


an initial period of two years and may be
52 Education [No. 87

renewed where the circumstances warrant the


continued employment of the person for
subsequent periods of two years in each case
and a teacher in possession of a Special Licence
shall not be eligible for temporary employment
on probation as a prerequisite for appointment.”.

Revocation 27. The principal Rules are amended by revoking rule 59


and
replacement
and substituting the following -
of rule 59.
“Application 59.-(1) A person desirous of obtaining a
for a licence
to teach.
licence to teach shall apply in writing to the
Chief Education Officer on the Form EDR 1
Schedule 3 as set out in Schedule 3, accompanied by
certified copies of required documents,
testimonials and the specified processing fee
at least three months prior to the expected
date of employment through the appropriate
District Education Centre.

(2) The District Education Manager upon


receipt of an application, shall cause the
particulars contained in the application to be
verified and may require the applicant to
provide additional information or documents
that are necessary in order to enable the
District Education Manager to forward the
application to the Commission. If the applicant
fails to comply with this request within a
reasonable time (normally a period not
exceeding thirty days) the District Education
Manager may refuse the application and
inform the applicant accordingly.

(3) The Commission shall verify the


particulars of the application and make its
recommendation to the Chief Education
Officer. If the Chief Education Officer is
No. 87] Education 53

satisfied that the applicant meets the


requirements for the licence applied for, he
shall issue the licence specifying the type of
licence, and the level of schooling and subject
area, where applicable.

(4) Notwithstanding any of the above, the


Chief Education Officer may refuse the
application and inform the applicant
accordingly.

(5) The Chief Education Officer shall,


subject to rule, where a person is employed as
a teacher and does not meet the conditions for a
licence to teach so inform the Managing
Authority in writing and require that the
Managing Authority remove the person within
a specified period of time.”.

28. The principal Rules are amended by revoking rule 60 Revocation


and substituting the following - and
replacement
of rule 60

“Appeal 60. A person aggrieved by the refusal of the


against Chief
Education
Chief Education Officer to grant him a licence
Officer’s may, within thirty days of receipt of the
refusal to
grant licence
decision, appeal to the Arbitration Panel for a
Schedule 3 review of the decision. Such an appeal shall
be made on Form EDR 2 as set out in Schedule
3 to these Rules.”.

29. The principal Rules are amended by revoking rule 62 Revocation


and substituting the following - and
replacement
of rule 62.

“Revocation 62.-(1) The Chief Education Officer may -


or suspension
of a licence to
teach.
54 Education [No. 87

(a) revoke a licence of a teacher


where the teacher –

(i) has been convicted of a


criminal offence of a nature
indicating unsuitability for
the teaching profession;

(ii) is dismissed for major


offences involving any
conduct which may be
physically, morally, or
otherwise harmful to
students or other members
of staff, or any conduct
under Rule 92A (3); or

(iii) has been convicted of an


offence under rule 65 (c);
and

(b) suspend a licence of a teacher


where the teacher -

(i) has been dismissed in


accordance with the Act
and these Rules for serious
and major offences;

(ii) has failed to meet the


requirements to maintain
the licence;

(iii) has failed to abide by the


Act and Rules and
Regulations made under the
Act.
No. 87] Education 55

(2) The Commission shall, at the


request of the Chief Education Officer,
strike off or temporarily remove, as the
case may be, from the Register of
Licensed Teachers the name of any
teacher whose licence has been revoked
or suspended by the Chief Education
Officer.”.

30. The principal Rules are amended by revoking rule 63 Revocation


and substituting the following - and
replacement
of rule 63.

“Appeal 63.-(1) A person aggrieved by the decision of


against Chief
Education
the Chief Education Officer to revoke or
Officer’s suspend his licence may within thirty days of
decision to
revoke or
receipt of the decision, appeal to the Teaching
suspend Service Appeals Tribunal. Such an appeal
licence. shall be made on Form EDR 3 prescribed in
Schedule 3
Schedule 3 to these Rules.

(2) The Appeals Tribunal shall meet within


twenty-one days of receipt of the appeal to
make its final decision on the matter based on
the merits of the case.

(3) The decision of the Teaching Service


Appeals Tribunal shall be communicated to the
appellant, the Commission and the Chief
Education Officer.”.

31. The principal Rules are amended by revoking rule 64 Revocation


and substituting the following - and
replacement
of rule 64.

“Employment 64.-(1) The employment of all members of


requirements. staff of any school shall be in accordance
with these Rules and any other laws made
governing the employment of such staff.
56 Education [No. 87

(2) A person employed as a teacher at a


pre-school, primary, secondary level, or
TVET school or institution shall possess a
valid licence to teach in Belize in that category.

(3) A person employed as a Principal or


Vice-Principal at a pre-school, primary, or
secondary, school or institution shall possess a
Full Licence and certification from a teachers
college or institution of higher learning, showing
successful completion of an approved
programme of studies in educational leadership
and that programme of studies shall be a
programme approved by the Chief Education
Officer on the advice of the Belize Board of
Teacher Education and published periodically
by the Ministry.

(4) Where a person employed as a Principal


or Vice-Principal at a pre-school, primary or
secondary, school or institution -

(a) possesses only a Full Licence


without more, that Principal or
Vice-Principal shall be eligible
for employment on a year to
year basis only up to a maximum
period of five years until that
Principal or Vice-Principal, as
the case may be, complies with
the requirements under sub-
regulation (3);

(b) possesses a Provisional Licence,


that Principal or Vice-Principal
shall be eligible for employment
on a year to year basis only up to
a maximum period of seven
No. 87] Education 57

years until that Principal or Vice-


Principal, as the case may be,
complies with the requirements
under sub-regulation (3).

(5) Where a person is employed as a


manager or Principal of a TVET institution
and possesses a Special Licence to teach in
Belize that manager or Principal shall possess
certification in management or administration
or relevant experience in a managerial or
administrative position of at least five years.”.

32. The principal Rules are amended by revoking rule 66 Revocation


and substituting the following - and
replacement
of rule 66.

“Filling of 66.-(1) The Managing Authority of a


vacancies.
Government and Government-aided pre-
school, primary, secondary, post secondary,
technical or vocational school or institution
shall recruit and select teachers and other
members of staff in accordance with the
following procedures -

(a) advertising the vacancy and


inviting applications for the post;

(b) receiving the applications and


verifying the particulars of the
applicants, especially the
possession of a valid licence to
teach at the level;

(c) selecting from among the


applicants a shortlist of persons
to be interviewed based on the
merits of the applications;
58 Education [No. 87

(d) conducting interviews with the


short-listed applicants and
assessing the applicants for
suitability for the post on the
basis of qualifications and merit;

(e) ranking the applicants


interviewed in order of eligibility
giving preference to applicants
in possession of a Full Licence
or Special Licences where
applicable;

(f) submitting to the Commission


all necessary and pertinent
information on the person
selected for employment as
professional staff and shall
include -

(i) licence to teach, in all


cases;

(ii) professional, academic


and other qualifications
and employment history
(where applicable), in all
cases;

(iii) medical certificate, in all


cases;

(iv) police record, in all cases;

(v) release letter or letter of


resignation, in the

(vi) draft notice of probation,


in the case of a teacher
No. 87] Education 59

entering the profession


with a Full Licence;

(vii) draft notice of temporary


employment, in the case
of a teacher in possession
of licence to teach other
than a Full Licence

(viii) a copy of the draft contract,


in all cases; and

(ix) a summary of information


on all applicants
interviewed in a form and
manner approved by the
Commission.

(2) In the case of a vacancy for the post of


Principal or Vice Principal of a Government
or Government-aided school, the Managing
Authority shall advertise the post publicly.

(3) A person shall not be employed as


Principal or Vice Principal simply by virtue
of his post as Vice-Principal but such person
may, if no less qualified for the post than
other applicants, be given first consideration.

(4) In filling a teaching vacancy on the


staff of a government or government aided
school, every attempt shall be made to fill the
vacancy with a teacher in possession of a Full
Licence to teach in Belize and where a suitably
qualified teacher in possession of a Full
Licence is not available, a retired teacher
with a Full Licence may be employed subject
to the approval of the Commission.
60 Education [No. 87

(5) A Managing Authority which seeks,


with the approval of the Commission, to
employ an appointed teacher who has
requested a release from his current Managing
Authority, shall not require the teacher to
serve a probationary period for purposes of
appointment under its management.

(6) A teacher in possession of a Full


Licence whose employment has been
terminated by a Managing Authority, with
the approval of the Commission, but which
termination has not resulted in the suspension
or revocation of his licence to teach and who
seeks employment under a different Managing
Authority may be offered temporary
employment on probation in accordance with
section 29(2) and (3) of the Act, and shall be
eligible for appointment subject to satisfactory
performance appraisals by the Managing
Authority offering him employment.

(7) A vacancy for a Principal, Vice


Principal or teacher of a government or
government aided pre-school or primary
school may be filled with the approval of the
Commission by transfer of a person currently
employed as a Principal, Vice Principal or
teacher, respectively, on the established staff
of the relevant management subject to the
provisions for the transfer of teachers as
stipulated in section 31(1) of the Act and any
other relevant provisions prescribed in these
Rules.

(8) In filling a vacancy the Managing


Authority shall not directly or indirectly
discriminate among applicants on the basis of
No. 87] Education 61

gender, race, religion, ethnicity, socio-


economic status or political affiliation.

(9) Every vacancy filled pursuant to this


rule is subject to the prerequisites to licensing
and employment of professional staff in
accordance with provisions of the Act and
these Rules and in relation to the employment
of a principal or vice principal the contract of
employment shall provide for a probationary
period of up to two years.

(10) Following verification and approval


of an applicant’s eligibility for employment
as a teacher by the Commission, the Managing
Authority may offer temporary employment
to the applicant for -

(a) a probationary period of up to


two years from the date of
employment, if the person is in
possession of a Full Licence to
teach provided that such
applicant shall be eligible for
appointment upon successful
completion of the probationary
period;

(b) one year from the date of


employment if the person is in
possession of a Provisional
Licence to teach, provided that
such applicant may be eligible
for continued temporary
employment on a year to year
basis up to a maximum of five
years, subject to satisfactory
performance as determined by
62 Education [No. 87

performance appraisals, to afford


him the opportunity of meeting
the requirements for a Full
Licence, in accordance with
section 29(7) of the Act;

(c) an appropriate period to a person


with a valid Licence to teach to
fill a temporary vacancy which
vacancy may arise during the
course of a school year; or

(d) a period of up to two years in the


first instance to a person in
possession of a Special Licence
where the circumstances warrant
the temporary employment of
such person and any further
temporary employment beyond
the initial two years may be
offered to such person for
additional periods of not more
than two years in each instance
where the circumstance so
warrant.”.

Insertion of 33. The principal Rules are amended by inserting after


new rule 66A.
rule 66, the following new rule 66A -

“Filling of 66A. A temporary vacancy created by a


temporary
vacancies.
teacher who -

(a) proceeds on study leave;

(b) proceeds on maternity leave;

(c) is granted extended sick leave;


No. 87] Education 63

(d) is seconded; or

(e) is posted as an Itinerant Resource


Officer,

shall be filled in accordance with rule 66 and


shall be subject to an employment contract in
accordance with rule 70 (5).”.

34. The principal Rules are amended by revoking rule 67 Revocation


and
and substituting the following - replacement
of rule 67.
“Acting 67.-(1) The Managing Authority, with the
appointments.
approval of the Commission, may appoint a
person to act in the post of Principal or Vice
Principal provided that -

(a) only persons qualified in


accordance with the provisions
of the Act and these Rules shall
be appointed to act in such posts;

(b) any acting appointments against


a vacant post shall not exceed
one year; and

(c) any acting appointments against


a non-vacant post shall be for a
maximum period of one year
but which period may be
extended on an annual basis.

(2) If the appointment of a person who is


acting in a vacant post is confirmed by the
Managing Authority, with the approval of
the Commission, that person shall receive the
full salary of that post from the date on which
he assumed duties in the post, or the date on
64 Education [No. 87

which the post became vacant, whichever is


later.”.

Insertion of 35. The principal Rules are amended by inserting after


new rules
67A, 67B and
rule 67, the following new rules -
67C.
“Secondment. 67A.-(1) An appointed teacher under any
Managing Authority may be recruited for
secondment to an office, post, agency,
organisation or institution outside their school
or institution.

(2) Secondment of teachers shall be for


specific purposes which shall be defined in
the Policy on Secondment of Teachers as
determined by the Ministry and such purposes
shall include, but not be limited to the
following purposes –

(a) personal and professional


development of the secondee
and two-way skill transfer
between the receiving
organization and the school or
institution; and

(b) to fill short-term shortfalls in


specific skill areas in the
recipient organization.

(3) Secondment shall be for a period not


exceeding two years, unless extended in
accordance with sub-rules (12) and (13)
below, and at the expiration of the extended
period shall not be renewable.

(4) The requesting organization shall


prepare a letter of request for the teacher and
No. 87] Education 65

a draft Secondment Agreement between the


requesting organization and the teacher for
consideration by the Managing Authority
and the Commission and the draft Secondment
Agreement shall be in accordance with the
Policy on Secondment of Teachers, the Act
and these Rules and shall, among other things,
specify -

(a) the job description of the post


for which the secondment of the
teacher is sought; and

(b) information on conditions of


service including the -

(i) period of posting;

(ii) immediate supervisor;

(iii) salary and any allowance


approved.

(5) The conditions of service of a teacher


on secondment shall be governed by the rules
and regulations of the requesting organization.

(6) All payments of salary and any


allowances with respect to a teacher on
secondment is the responsibility of the
requesting organisation.

(7) A teacher for whom disciplinary action


for a major offence is pending shall not be
eligible for secondment.
66 Education [No. 87

(8) A teacher desirous of being seconded


shall apply to the Commission through his
Managing Authority, in the form set out as
Schedule 3 Form EDR 5 in Schedule 3, not less than
three months before date of intended
secondment, and shall submit supporting
documentation including draft agreement as
required under sub-rule (4).

(9) The Managing Authority shall review


the application and draft agreement and
supporting documentation and shall indicate
its support or otherwise for the secondment,
with justification, including a statement of
any pending disciplinary action for major
offences where applicable.

(10) The Managing Authority shall submit


the application, along with supporting
documentation including the draft agreement,
a letter indicating its support or otherwise,
with justification, and a statement of any
pending disciplinary action for major offences
to the Commission.

(11) The Commission shall review the


information received under sub-rule (10) and
shall approve or not based on the Act, these
Rules, the Policy on Secondment of Teachers
and the exigencies of the teaching service.

(12) The Commission may, under special


circumstances, consider and approve or not
an application for an extension beyond the
period of the secondment provided that the
application for an extension shall be made at
least three months prior to end of the period of
secondment along with proper justification
No. 87] Education 67

for the extension from the requesting


organization and a letter from the Managing
Authority indicating support or otherwise
and in considering such applications for
extension of a secondment, the Commission
shall be guided by the Act, these Rules, the
Policy on Secondment of Teachers and the
exigencies of teaching service.

(13) Where granted, an extension for


secondment shall be for a period not exceeding
one year so that the total period of secondment
shall not exceed a maximum of three years.

(14) At the conclusion of a period of


secondment, the teacher may either

(a) return to his substantive post


with the Managing Authority
from where he was seconded; or

(b) request appointment to the post


held while on secondment, and
if successful, concurrently
resign his post as a teacher or
request a release from his
Managing Authority;

(15) Where a teacher resigns from his


post under sub-rule (14) (b) above, the
vacancy created by his resignation shall be
filled in accordance with Rule 66.

(16) The service of a teacher while on


secondment shall not count for superannuation
purposes unless the receiving organisation
makes payment of the percentage of the
teacher’s yearly salary to the Government of
68 Education [No. 87

Belize, such payment being the teacher’s


contribution to the pension fund.

(17) A teacher who has completed a period


of secondment shall be placed on the point on
the salary scale of his substantive post, which
he would have reached if he had not been
seconded.

(18) Any period of employment of a


teacher while on secondment shall not accrue
towards long leave and that teacher, on return
to his teaching post, will resume the accrual
of long leave.

(19) Long leave earned by a teacher, prior


to being seconded, should preferably be taken
prior to secondment but may be taken on
return to the teacher’s substantive teaching
post.

(20) Where a secondment agreement was


made prior to the coming into force of these
Rules, the terms and conditions shall be as
specified in the agreement provided that all
matters specified in the Act, these Rules and
the Policy on Secondment of Teachers as
determined by the Ministry shall apply where
there is no conflict with such existing
agreements.

Itinerant 67B.-(1) An appointed teacher in a


Resource
Officer.
government or grant-aided school or
institution may be recruited for posting as an
Itinerant Resource Officer to fill a position
within the Ministry or any other organization
or institution determined by the Ministry.
No. 87] Education 69

(2) Posting as Itinerant Resource Officer


shall be for specific purposes which shall be
defined in the Policy on Itinerant Resource
Officers as determined by the Ministry and
such purposes shall include, but not be limited
to the following purposes -

(a) personal and professional


development of the teacher and
two-way skill transfer between
the recipient organization and
the school or institution; and

(b) to fill short-term deficiencies in


specific skill areas in the
requesting organization.

(3) The Policy on Itinerant Resource


Officers as determined by the Ministry shall
be in accordance with the laws of Belize.

(4) An appointed teacher’s recruitment as


an Itinerant Resource Officer shall be for a
period not exceeding two years, unless
extended in accordance with sub-rules (13),
(14) and (15) below and at the expiration of
the extended period shall not be renewable.

(5) A draft Itinerant Resource Officer


Agreement and letter of request for the teacher
shall be prepared by the Ministry for
consideration by the Managing Authority
and the Commission and that draft agreement
shall be in accordance with the Act, these
Rules and the Policy on Itinerant Resource
Officers and shall, among other things,
specify-
70 Education [No. 87

(a) the job description of the post


for which the Itinerant Resource
Officer is sought; and

(b) information on conditions of


service including -

(i) period of posting;

(ii) immediate supervisor; and

(iii) any approved allowances.

(6) The conditions of service of a teacher


on posting shall be governed by the Policy on
Itinerant Resource Officers, the Public Service
Regulations where applicable and any other
pertinent rules and regulations.

(7) All payments of salary and any


allowances with respect to an Itinerant
Resource Officer shall be made through the
Managing Authority of the teacher who shall
be granted a replacement teacher for the
period of the posting to fill the vacancy, in
accordance with these Rules, left by the teacher
posted as an Itinerant Resource Officer.

(8) A teacher for whom disciplinary action


for a major offence is pending shall not be
eligible for posting as an Itinerant Resource
Officer.

(9) A teacher applying to be posted as an


Itinerant Resource Officer shall apply to the
Commission through his Managing Authority
Schedule 3. in the form set out as Form EDR 5 in Schedule
3, not less than three months before the date
No. 87] Education 71

of intended posting, and shall submit


supporting documentation including draft
agreement as required under sub-rule (5).

(10) The Managing Authority shall review


the application and draft agreement and
supporting documentation and shall indicate
its support or otherwise for the posting as
Itinerant Resource Officer, with justification,
including a statement of any pending
disciplinary action for major offences where
applicable.

(11) The Managing Authority shall submit


the application, along with supporting
documentation including the draft agreement,
a letter indicating its support or otherwise,
with justification, and a statement of any
pending disciplinary action for major offences
to the Commission.

(12) The Commission shall review the


information received under sub-rule (5) and
shall approve or not the posting of the teacher
as Itinerant Resource Officer based on the
Act, these Rules, the Policy on Itinerant
Resource Officers and the exigencies of the
teaching service.

(13) An Itinerant Resource Officer may


apply to the Commission for an extension
provided that such application is -

(a) accompanied by letters from the


Managing Authority and the
Ministry, respectively,
indicating their support or
otherwise;
72 Education [No. 87

(b) made at least three


months prior to the end
of the period of posting;
and

(c) accompanied by
justification.

(14) In considering an application made


under sub-rule (6), the Commission shall be
guided by the Act, these Rules, the Policy on
Itinerant Resource Officers and the exigencies
of the service.

(15) An extension of a posting shall not


exceed a period of one year and the total
period of posting shall not exceed three years.

(16) Where the tenure of a posting of an


Itinerant Resource Officer has expired, the
teacher shall either -

(a) return to his substantive teaching


post ; or

(b) where he is performing in a


vacant post in the Public Service,
request appointment to such
post and, if his request is
successful, the teacher shall
concurrently resign his post as
teacher or request a release from
his Managing Authority.

(17) Where a teacher resigns his post or is


released under sub-rule (16)(b), the vacancy
created by his resignation or release shall be
filled in accordance with rule 66.
No. 87] Education 73

(18) The period of employment during


which a teacher serves as an Itinerant
Resource Officer shall not accrue towards
long leave and the teacher shall, on returning
to his teaching post, resume the accrual of
long leave.

(19) Long leave earned by a teacher prior


to posting as an Itinerant Resource Officer
shall not be taken during the posting but
should preferably be taken prior to posting in
the Ministry, organization or institution
determined by the Ministry, or on the teacher’s
return to his substantive teaching post.

(20) An appointed teacher who is posted as


an Itinerant Resource Officer-

(a) shall earn annual salary


increments in accordance with
the performance appraisal
system,; and

(b) may in addition to his salary be


paid a monthly responsibility
allowance in accordance with
the Itinerant Resource Policy of
the Ministry.

(21) The service of a teacher while posted


as an Itinerant Resource Officer shall count
for superannuation purposes.

(22) An Itinerant Resource Officer


agreement and the terms and conditions
established prior to the coming into force of
the Act and these Rules, shall continue as
agreed but matters addressed in the Act, these
74 Education [No. 87

Rules and the Policy on Itinerant Resource


Officers shall apply where it does not conflict
with such agreement, and terms and
conditions.

Release. 67C.-(1) An appointed teacher may request


from the Commission, release from
employment to facilitate a transfer of
employment to a different Managing
Authority or to the University of Belize.

(2) Applications for release, along with


letter from the Managing Authority indicating
whether there is any disciplinary action for
major offences pending against the teacher or
any other matter of relevance to a teacher,
must be submitted at least one month before
the proposed date for change in employment
to the Commission for its approval.

(3) No release will be granted to a teacher


against whom disciplinary action for a major
offence is pending.

(4) A teacher whose application for


release is approved shall be given a release
letter stating the teacher’s particulars including
name and date of birth, date of release,
increment date, social security number, last
salary received, salary scale and date of
appointment and a copy of the release letter
(sample of which is set out at Form EDR 4 in
Schedule 3 Schedule 3) shall be sent to the new Managing
Authority or employer and copied to the
Commission.”.

Revocation 36. The principal Rules are amended by revoking rule 69


and
replacement
and substituting the following -
of Rule 69.
No. 87] Education 75

“Transfer of 69.-(1) A Managing Authority with the


teachers.
approval of the Commission may fill a position
for principal, vice-principal or teacher by the
transfer of a qualified teacher from one school
to another within the same Managing
Authority provided that -

(a) transfers are used when mutually


beneficial to the receiving school
or institution and the teacher,
such as to improve the staff of
the receiving school or institution
or as a way to maintain on the
established staff of the Managing
Authority a teacher who would
otherwise be lost to the system;

(b) the option to transfer is not used


as a disciplinary measure or
recourse for unsatisfactory
performance; and

(c) in accordance with section 69(1)


(b) of the Act, every attempt is
made to staff schools with
teachers who reside in the local
community where the school is
located.

(2) Every transfer shall be arranged so


that the teacher takes up duty at the new
school on the first day of the school year or
term.

(3) A teacher shall not be transferred more


than once every three years except where the
teacher requests a transfer or agrees to a
transfer outside of the three-year time period
76 Education [No. 87

and the approval of the Commission is sought


in each case.

(4) A teacher on probation pending


appointment shall not be transferred.

(5) A teacher who is actively engaged in


community services at a school or community
level shall not be transferred except at the
teacher’s request or upon sufficient
justification by the Managing Authority that
such a transfer is necessary.

(6) An application for transfer shall not


be approved in respect of a teacher against
whom disciplinary action for major offences
is pending.

(7) A teacher or the Managing Authority


may request a transfer using the transfer form
Schedule 3 as set out in Form EDR 6 in Schedule 3.

(8) Applications to transfer teachers


within their management, including those
initiated by teachers, shall be submitted to the
Commission by Managing Authorities along
with a statement of any pending disciplinary
action for major offences not less than four
months prior to date of transfer.

(9) If the Commission approves the


transfer of a teacher, unless the teacher agrees
in writing to a shorter period of notice, the
teacher shall be given no less than two months
notice of the transfer, and shall be given a
copy of the approved transfer form.

(10) Where a transfer is approved a copy of


the transfer form shall be given to the teacher to
whom the transfer applies.
No. 87] Education 77

(11) The Ministry shall pay a transfer


grant to the teacher in accordance with policy
established from time to time but shall not pay
a transfer grant where the transfer is initiated
by the teacher.

(12) A teacher aggrieved by a decision to


transfer may appeal to the Tribunal in
accordance with section 20(1)(a) of the Act.”.

37. The principal Rules are amended by revoking rule 70 Revocation


and substituting the following - and
replacement
of rule 70.
“Contracts of 70.-(1) Following approval by the
employment.
Commission pursuant to Rule 66, a Managing
Authority may offer employment to a person
so selected to teach or to be Principal or Vice-
Principal in a pre-school, primary, secondary,
or technical and vocational school or
institution.

(2) Subject to sub-rule (1), in offering an


employment contract to a teacher, principal,
or vice-principal, a Managing Authority shall
offer one of the following contracts, as
applicable -

(a) in respect of a teacher in


possession of a provisional
licence a temporary employment
contract for one year from the
date of employment, provided
that such teacher may be eligible
for continued temporary
employment on a year to year
basis up to a maximum of five
years to afford him the
opportunity of meeting the
78 Education [No. 87

requirements for a Full Licence,


in accordance with section 29(7)
of the Act, subject to satisfactory
performance as determined by
performance appraisals;

(b) in respect of a teacher in


possession of a Full Licence, an
employment contract for a
probationary period of a year
but which may be extended for
an additional year;

(c) in respect of a teacher in


possession of a Full Licence who
has successfully served the
probationary period as required
under the Act, an employment
contract for the remainder of the
period post probationary service,
but which may not exceed the
period for which the licence is
valid;

(d) in respect of a teacher in


possession of a Special Licence
a temporary employment
contract for a maximum period
of two years in the first instance
which temporary employment
contract may be renewed for
subsequent maximum periods of
two years in each instance where
the circumstances so warrant;

(e) in respect of first time Principals


or Vice-Principals in possession
of a Full Licence and certification
No. 87] Education 79

in education leadership in
accordance with rule 64(3) a
contract of employment for a
probationary period of up to two
years and upon successful
completion of the probationary
period, as supported by
performance appraisals, an
employment contract for a period
of three years subject to the
maintenance of their Full Licence;

(f) in respect of Principals or Vice-


Principals in possession of a Full
Licence or Provisional Licence,
without more, a contract of
employment on a year to year
basis in accordance with rule
64(3);

(g) in respect of a manager or Principal


of a TVET institution in
possession of a Special Licence, a
contract of employment for a
maximum period of two years.

(3) A contract offered pursuant to this


rule shall be in accordance with the Code of
Conduct for teachers approved pursuant to
section 29(13) of the Act and shall be signed
at the commencement of the contract period
and witnessed by a third party.

(4) An employment contract between a


Managing Authority and a teacher shall be in
Schedule 3. the Form EDR 7 set out in Schedule 3 and in
addition to the content on the Form, shall
specify the following, as applicable -
80 Education [No. 87

(a) the terms and conditions of the


probationary period of
employment, where applicable,
which shall be in accordance
with the Act and these Rules;

(b) the date on which the


probationary period of
employment of the teacher
becomes effective;

(c) that the confirmation of


appointment of the teacher is
subject to the approval of the
Commission and such
appointment shall be subject to
the successful completion of the
probationary period;

(d) the salary scale and entry point


at which the teacher is to be
paid, approved by the Ministry,
in accordance with Government
salary scales for teachers; and

(e) any duties, approved school


rules and other requirements as
appropriate in accordance with
the Act and these Rules.

(5) Where the employment of a teacher is


for the purpose of temporarily replacing a
teacher on study leave, maternity leave,
extended sick leave, secondment, posting as
an Itinerant Resource Officer, the terms and
conditions and fixed period of the temporary
employment shall be explicitly stated in the
temporary employment contract and shall be
in accordance with the Act and these Rules.
No. 87] Education 81

(6) A copy of every temporary


employment contract executed under this
Rule, along with copies of required
documents, including an employment letter,
the licence to teach, academic and professional
qualifications, police record, medical
certificate, references, birth certificate or other
valid evidence of age and nationality and
where warranted marriage certificate, and
evidence of citizenship status or work permit
shall be forwarded to the Commission.

(7) Notwithstanding the above, a contract


of employment shall not contain terms as
conditions precedent to the contract other
than terms which are requirements under the
Act and these Rules. “.

38. The principal Rules are amended by repealing Rule Revocation


and
71 and substituting the following: replacement
of rule 71.

“Appointment. 71.-(1) Appointment of a teacher is subject to


the completion of a probationary period in
accordance with section 29 of the Act and
other applicable provisions of these Rules.

(2) A Managing Authority may -

(a) after a minimum probationary


period of one year from the date
of employment, choose to
extend the probationary period
into the second year or with the
approval of the Commission,
may appoint or terminate the
services of the teacher;
82 Education [No. 87

(b) Where a Managing Authority is


desirous of appointing a teacher,
extending the probationary
period of a teacher into the
second year, or terminating the
service of a teacher who is on
probation, the Managing
Authority shall submit to the
Commission -

(i) every appraisal report,


including the most recent
appraisal report which
must be made during the
school term immediately
preceding submission of a
recommendation for
appointment, extension of
the probationary period or
termination; and

(ii) evidence of the s support


provided to the teacher
through the probationary
period in accordance with
rule 72 (1);

(c) the form and manner for


submission of the appraisal
reports are as set out in the
Schedule 4 Schedule;.

(d) the Commission shall review


and approve or not approve the
submission made by the
Managing Authority under
paragraph (b).
No. 87] Education 83

(e) in reviewing the submission


under sub-rule (d), where the
Commission finds a deficiency
in the material or procedural
requirements of the submission
of the documentation required
under rules 72 and 87, it shall
request the Managing Authority
to make good that deficiency
within a reasonable time.

(f) where a Managing Authority


fails to comply with a request of
the Commission under sub-rule
(e), the Commission may -

(i) decide on the matter


without prejudice to the
teacher;

(ii) recommend to the Chief


Education Officer that
appropriate action be taken
against that Managing
Authority in accordance
with section 17(4) of the
Act and section 46 of the
Act, as applicable.

(3) A teacher may, where the Commission


upholds a decision of the Managing Authority
to terminate the services of that teacher -

(a) apply for employment under a


different Managing Authority;
or

(b) appeal to the Appeals Tribunal.


84 Education [No. 87

(4) Where the Commission upholds the


recommendation of a Managing Authority
for the appointment of a teacher, the effective
date of appointment shall be retroactive to the
date of employment commencing the
probationary period and the probationary
period served shall be recognised as a period
of pensionable service.

(5) Where a Managing Authority extends


the probationary period of a teacher, into the
second year the Managing Authority shall
inform the teacher in writing not later than the
end the first year of probation.”.

Revocation 39. The principal Rules are amended by revoking rule 72


and
replacement
and substituting the following -
of rule 72.
“Probationary 72.-(1) During the period of probation, a
period.
teacher shall be -

(a) provided with formative


supervision including any
necessary assistance to enable
him to develop and maintain
proper professional standards;
and

(b) appraised at least two times in


the first twelve month period
and the first shall be conducted
no earlier than the third month
but no later than the fifth month
and the second no earlier than
the seventh month but no later
than the ninth month and any
such performance appraisals
shall be discussed with the
teacher.
No. 87] Education 85

(2) In the case of teachers, formative


supervision and performance appraisals shall
be conducted by the principal or an
appropriate person appointed by the principal
for that purpose.

(3) In the case of principal and vice


principal teachers, formative supervision and
performance appraisal shall be conducted by
an appropriate person appointed by the
Managing Authority for that purpose.

(4) The person conducting the appraisal


shall share formal appraisal reports with the
teacher appraised for review by the teacher
and shall provide the teacher with an
opportunity to participate in the appraisal
process and comment on the reports
immediately after completion of each report.
The appraisal reports shall be submitted to
the Commission immediately after completion
and review by the teacher. The appraisal
reports submitted to the Commission must be
signed and dated by the teacher under
appraisal, the appraiser and the Managing
Authority.

(5) Should the probationary period extend


into the second year, formative supervision
shall continue and two additional performance
appraisals shall be conducted in the second
twelve month period and the conduct of the
additional formal appraisals is subject to the
same conditions as those of the first
probationary year.

(6) The form and manner of submission


of the formal appraisal reports are as set out in
the Schedule 4. Schedule 4
86 Education [No. 87

(7) At the end of the probationary period


the temporary employment of a teacher may
be terminated for failure to achieve a
satisfactory level of performance as
determined through appraisals and other
measures.

(8) The Managing Authority shall, at least


two months before the end of the probationary
period, ensure that the final appraisal of a
teacher who is temporarily employed is
conducted and shall on the basis of the
appraisal reports, make a recommendation on
the appointment of the teacher and shall submit
its recommendation not more than ten working
days after the completion of the appraisal to
the Commission for its approval.

(9) The Commission shall inform the


teacher, through the Managing Authority, of
its approval or otherwise of his appointment
within twenty-one days of receiving the
submission from the Managing Authority.”.

Revocation 40. The principal Rules are amended by revoking rule 73


and
replacement
and substituting the following -
of rule 73.
“Resignation 73.-(1) A teacher who intends to resign shall
and
termination
give the Managing Authority not less than
of service. one month’s notice of that teacher’s intention
to resign.

(2) A teacher who fails to give the required


notice of resignation under sub-rule (1) shall
forfeit one month’s salary in lieu of notice.

(3) Notwithstanding sub-rule (1), where


resignation is to take effect in a month in
No. 87] Education 87

which the end of a school term or semester


occurs resignation shall take effect at the end
of the term or semester and the teacher shall
complete all responsibilities including the
submission of grades, grade books and any
other required reports.

(4) Subject to this Rule, a teacher who


resigns after serving for one hundred and
twenty consecutive school days under the
same Managing Authority during that school
year shall be entitled to receive one month’s
salary beyond the effective date of resignation
in lieu of vacation.

(5) Subject to this rule, a teacher who


resigns and has served for one hundred and
eighty consecutive school days under the
same Managing Authority during one school
year shall be entitled to the payment of salary
for the months July and August of that school
year.

(6) A Managing Authority may terminate


the services of a teacher, subject to the
approval of the Commission, if at any time
during the teacher’s period of service -

(a) the teacher’s performance is


unsatisfactory based on a
minimum of two performance
appraisals conducted during one
school year; or

(b) the teacher is guilty of a major


offence under rule 92A (3) of
these Rules.
88 Education [No. 87

(7) Where a Managing Authority


terminates the services of a teacher, subject to
the approval of the Commission, the teacher’s
licence shall be revoked if at any time during
the teacher’s service -

(a) the teacher is found guilty of


one or more of the major
offences listed in rule
92A(3)(b)(iii) to (xxiv) of these
Rules;or

(b) the teacher fails to meet the


requirements to maintain a Full
Licence in accordance with
section 28(4) of the Act.

(8) In the case of a teacher not in


possession of a Full Licence who is
temporarily employed on a year to year basis
and who fails to acquire the qualifications for
a Full Licence during the five year period
allowed, that teacher shall have his services
terminated and section 29(9) of the Act shall
apply.

(9) A Managing Authority shall, except


where termination is for misconduct, give a
teacher one calendar month’s notice of the
termination of his services, or pay the teacher
one month’s salary in lieu of notice.

(10) Subject to this rule and except where


termination is for misconduct, where
termination of service is to take effect in a
month in which the end of a school term or
semester occurs, termination of service shall
take effect at the end of the term or semester.
No. 87] Education 89

(11) Subject to this rule and except where


termination is for misconduct, a teacher whose
service is terminated after serving for one
hundred and twenty consecutive school days
under the same Managing Authority during
that school year shall be entitled to receive
one month’s salary beyond the effective date
of termination of service in lieu of vacation.

(12) Subject to this rule, except where


termination is for misconduct, a teacher who
has served for one hundred and eighty
consecutive school days under the same
Managing Authority during one school year
shall be entitled to the payment of salary for
the months July and August of that school
year.

(13) A teacher whose services are


terminated under this Rule shall be given
written notification by the Managing
Authority of the termination of his services
and a copy of the letter of termination shall be
submitted to the Commission.”.

41. The principal Rules are amended by revoking rule 74 Revocation


and
and substituting the following - replacement
of rule 74.

“Retirement, 74.-(1) The retirement of a teacher from a


etc.
government school or government-aided
school shall be in accordance with the
Cap 42 provisions of the School Teacher’s Pensions
Schedule 5 Act and Schedule 5.

(2) A teacher may retire at the age of fifty-


five years in accordance with section 13 of the
Cap 42 School Teacher’s Pensions Act.
90 Education [No. 87

(3) A teacher desiring to retire from the


teaching service at the age of fifty-five shall
by written notification indicate his desire to
the Managing Authority not less than one
year in advance of reaching the age of fifty-
five years and the Managing Authority shall
forward the request to the Commission for
onward submission to the Public Service
Commission.

Cap 42 (4) Subject to the School Teacher’s


Pensions Act, a teacher desiring to continue
in the teaching service beyond fifty-five shall
by written notification indicate his desire to
the Managing Authority at least one year
prior to reaching the age of fifty-five years
and the Managing Authority shall forward
the request to the Commission for their records.

(5) Where a teacher retires at age fifty


years, or at the age of fifty-five years, as the
case may be, retirement shall take effect at the
close of the school year on 31st August of
that year.

(6) A retired teacher may be employed


subject to the provisions for the employment
of teachers.

(7) A teacher may retire on medical


grounds in accordance with section 6(2) of
Cap 42 the School Teacher’s Pensions Act.

(8) A teacher seeking to retire on medical


grounds shall apply in writing to the Ministry
through the teacher’s Managing Authority.
No. 87] Education 91

(9) A medical certificate from a certified


medical practitioner recommending retirement
on medical grounds shall accompany the
letter of application submitted under sub-rule
(7).

(10) The application for retirement on


medical grounds shall be subject to the
determination of a Medical Board convened
by the Director of Health Services.

(11) The findings of the Medical Board


shall be submitted to the Minister for his
determination.

(12) The Managing Authority shall be


informed of the findings and determinations
of the Medical Board.

(13) Where a teacher commits a major


offence, the Managing Authority, may
terminate, dismiss or call on that teacher to
retire in the public interest in accordance with
section 13(4) of the School Teacher’s Cap 42
Pensions Act.

(14) Where the employment of a teacher


is terminated as a result of reorganisation, the
matter shall be dealt with in accordance with
section 6(3) of the School Teacher’s Pensions Cap 42
Act.”.

42. The principal Rules are amended by revoking rule 77 Revocation


and substituting the following - and
replacement
of rule 77.
92 Education [No. 87

“Leave on 77.-(1) Permission for absence from work


urgent
personal
shall be granted in accordance with the types
affairs, and conditions of leave as stipulated in these
compassionate
leave,
Rules.
paternity
leave, etc.
(2) Except in the case of illness or other
unavoidable circumstances, any teacher who
is absent from duty without permission is
liable to disciplinary action in accordance
with these Rules.

(3) The teacher shall make every effort to


contact the Principal in the case of illness or
other unavoidable circumstances on the first
day of his absence.

(4) A claim for payment of salary by a


teacher in respect of any period of absence
which is not approved may be disallowed.

(5) Where a Managing Authority


approves applications for leave of less than
ten days, the Managing Authority shall
forward copies of approved applications to
the Commission for its records.

(6) The Managing Authority shall, for


leave of ten consecutive working days or
more, forward the application to the
Commission along with the Managing
Authority’s comments on the matter, for the
Commission’s consideration for approval and
the Commission shall inform the teacher of its
decision through the Managing Authority.

(7) A Managing Authority may grant to a


teacher leave with pay for up to five working
days per year on urgent personal affairs.
No. 87] Education 93

(8) Where the Managing Authority of a


school is not readily accessible on a daily
basis, it may authorise the Principal to
determine applications for leave on urgent
personal affairs on its behalf.

(9) Applications for leave on urgent


personal affairs shall be made on Form EDR
8 as set out in Schedule 3 and submitted to the Schedule 3
Managing Authority through the Principal
and all applications for leave on urgent
personal affairs shall be copied to the
Commission.

(10) A Managing Authority shall submit


to the Commission for its approval
applications for an extension of leave, with
pay, on urgent personal affairs of more than
five days at least three days before the end of
the leave already approved.

(11) The Managing Authority may


endorse and the Chief Education Officer may
support an application under sub-rule (10).

(12) An extension of leave on urgent


personal affairs shall not exceed thirty days.

(13) On the death of an immediate family


member, a Managing Authority may grant
compassionate leave with pay for not more
than five days.

(14) Where the Managing Authority of a


school is not readily accessible on a daily basis,
it may authorise the Principal to determine
applications for compassionate leave on its
behalf.
94 Education [No. 87

(15) An application for compassionate


leave shall be made to the Managing Authority
and routed through the Principal on Form
Schedule 3 EDR 8 set out in Schedule 3 to these Rules
and all applications for compassionate leave
shall be copied to the Commission.

(16) A male teacher may be granted one


period of paternity leave per school year with
full pay for up to five working days and he
shall as soon as possible but no later than one
month after return to duty, present to the
Principal a copy of the birth registration
certificate acknowledging paternity.

(17) An applications for paternity leave


shall be made to the Managing Authority and
routed through the Principal on Form EDR 8
Schedule 3 set out in Schedule 3 to these Rules and all
applications for paternity leave shall be copied
to the Commission.”.

Revocation 43. The principal Rules are amended by revoking rule 78


and
replacement and substituting the following-
of rule 78.
“Sick leave, 78.-(1) The maximum paid sick leave
application,
benefits, etc. entitlement to a teacher is sixteen days per
year.

(2) Paid sick leave for more than one


school day on any occasion shall not be
granted without a medical certificate.

(3) If the leave exceeds one school day,


the teacher shall forward to the Principal no
later than the third day of being sick, a
certificate from a registered medical
practitioner stating the nature of the illness
No. 87] Education 95

and, where appropriate, any further period of


absence recommended by said medical
practitioner and where the services of a
medical practitioner are not obtainable within
the time specified in this rule, a certificate of
illness shall be furnished and signed by any
other health practitioner or pharmacist in the
education region in which the teacher resides.

(4) No more than six days of uncertified


paid sick leave shall be granted in any one
year.

(5) If the teacher has exhausted all


uncertified paid sick leave in any one year,
any additional uncertified sick leave shall be
treated as leave without pay.

(6) If the teacher has exhausted all sick


leave entitlement in any one year as stipulated
in sub-rule (1) and requires additional sick
leave for a period of ten days or less, the leave
shall be treated as leave without pay.

(7) The Commission may, on the advice


of the Managing Authority, where the
protracted illness of an appointed teacher
necessitate continuing leave beyond the
normal annual sick leave entitlement as
stipulated in sub-rule (1) of this rule, approve
extended sick leave up to one hundred and
eighty days with full pay upon certification
from a registered medical practitioner.

(8) The Commission shall, on the advice


of the Managing Authority, where the illness
of an appointed teacher requires absence
exceeding one hundred and eighty days,
96 Education [No. 87

require that the question of his fitness for


further service be taken up with the Director
of Health Services who shall convene a
Medical Board and if the Medical Board
determines that full recovery and return to
duty is probable, the Commission may
approve a further extension of sick leave up
to one hundred and eighty days on half pay.

(9) The Commission may, on the advice


of the Managing Authority, where a teacher
is frequently on sick leave such that they
exceed their annual sick leave entitlement
under sub-rule (1), request the Director of
Health Services to advise whether the teacher
should appear before a Medical Board for a
determination of his fitness to continue in the
teaching service.

(10) Non-school days, where such days


are within the period of leave, shall not be
counted as part of sick leave except in the
case of extended sick leave as provided in
sub-rules (7) or (8) of this rule.

(11) A Managing Authority shall, within


five days of diagnosis indicating that extended
medical treatment is required, submit to the
Commission for its approval an application
for extended sick leave of up to one hundred
and eighty days.

(12) The form of application for sick


leave and extended sick leave shall be in
Schedule 3 Form EDR 9 set out in Schedule 3.

(13) The teacher shall apply to the Social


Security Board for sickness benefits under
No. 87] Education 97

the regulations of the Social Security Scheme


and the provisions of the Social Security Act Cap 44
shall apply.”.

44. The principal Rules are amended by revoking rule 79 Revocation


and substituting the following - and
replacement
of rule 79.
“Maternity 79.-(1) A female teacher shall be entitled to
leave,
application,
fourteen weeks maternity leave.
benefits, etc.
(2) A female teacher who during the
twelve months immediately preceding her
expected date of confinement has been
employed for a total of less than one hundred
and fifty days shall be granted maternity
leave without pay and such leave shall not be
considered as service for pension purposes.

(3) A female teacher who, during the


twelve months immediately preceding her
expected date of confinement was employed
for a period of not less than five months or
one hundred and fifty days shall be granted
maternity leave with full pay and such leave
shall be considered as service for pension
purposes.

(4) A teacher may, due to the demanding


nature of the teaching profession, proceed on
maternity leave at least one month before her
expected date of confinement but shall proceed
on leave no later than two weeks before the
expected date of confinement.

(5) Where the date of confinement occurs


before the expected date of confinement, the
period of maternity leave commences on the
actual date of confinement and shall not be
less than fourteen weeks.
98 Education [No. 87

(6) Where a replacement teacher is to be


hired for a teacher on maternity leave, the
Commission may determine, as is expedient,
whether the period of replacement shall be
for all or a portion of the period for which the
teacher is on maternity leave.

(7) Where a teacher who has proceeded


on approved maternity leave requires
continuing leave beyond normal entitlement,
she may be granted leave without pay for up
to one year.

(8) An application for maternity leave


shall be submitted on Form EDR 10 set out in
Schedule 3 Schedule 3, to the Managing Authority and
routed through the Principal not less than
eight weeks prior to the expected date of
confinement and such application shall be
accompanied by a medical certificate stating
the expected date of confinement.

(9) The Managing Authority shall submit


all applications for maternity leave to the
Commission for its approval.

(10) Any other maternity benefits shall be


in accordance with the Social Security
Scheme.”.

Revocationand 45. The principal Rules are amended by revoking rule 80


replacement
of rule 80. and substituting the following -

“Annual 80.-(1) A teacher is entitled to paid vacation


vacation
leave. leave of not less than thirty working days per
year.
No. 87] Education 99

(2) A teacher shall, unless otherwise


determined by the Chief Education Officer,
take leave under sub-rule (1) during the
Christmas break, Easter break, and during
the month of July.

(3) Notwithstanding sub-rule (2), a


Principal or a Managing Authority may
require a teacher to report to work during any
of the vacation periods to complete
assignments including -

(a) preparation and correction of


examinations;

(b) preparation of report cards;

(c) submission of course work


materials and grades; and

(d) securing of records, equipment


and other resources during threat
of a natural disaster.

(4) Where the teacher is not on approved


leave during the month of August, the teacher
shall report to work immediately when
requested by the Principal, Managing
Authority or Ministry to attend workshops
and other professional development activities
or to perform school related duties such as
curriculum development, and preparation of
annual teaching plans including development
of student assessments, preparation of
classrooms, staff planning meetings and
orientation sessions or any other duties.

(5) Where a teacher demonstrates


reasonable cause, he may be exempted by the
100 Education [No. 87

Managing Authority from being called to


duties for all or portion of such periods during
the month of August. The teacher shall apply
to the Managing Authority for such exemption
and, if approved, it shall be treated as paid
leave provided that the period of exemption
does not exceed ten days. Applications for
such leave shall be made on Form EDR 11 set
Schedule 3 out in Schedule 3 and shall be submitted to
the Managing Authority through the
Principal.”.

Revocation 46. The principal Rules are amended by revoking rule 81


and and substituting the following -
replacement
of rule 81.
“Long leave. 81.-(1) A teacher of a government school or
a government-aided school shall, after nine
years of continuous service, qualify for three
months long leave with full pay.

(2) The following leave of absence shall


not be counted towards the qualifying period
for long leave -

(a) study leave which exceeds one


year;

(b) sick leave which exceeds one


hundred and eighty days;

(c) any period of suspension;

(d) maternity leave without pay;

(e) period of secondment;

(f) period of posting as an Itinerant


Resource Officer; or

(g) leave without pay.


No. 87] Education 101

(3) Long leave shall be granted during


April to June or September to November,
both months inclusive.

(4) An application for long leave by a


teacher shall be made to the Commission
through his Managing Authority.

(5) Applications for long leave shall be


Schedule 3 made, on Form EDR 12 set out in Schedule 3,
to the Commission by 30 September of the
preceding year for leave to commence in
April of the following year and by the last day
of February for leave to commence in
September of that same year.

(6) Where more than one teacher in a


given school qualifies for long leave, the
Managing Authority may recommend, with
proper justification, the teacher that should
be given priority for long leave and the teacher
whose long leave may be deferred and shall
submit the applications along with such
recommendation to the Commission.

(7) A teacher who has been granted long


leave shall qualify for another period of long
leave after a further nine years of continuous
service which commences at the date of
completion of the previous long leave.

(8) Where long leave is deferred under sub-


rule (6), that long leave shall be granted no later
than two years after the teacher qualifies for
such long leave and the teacher is entitled to
count the period of deferment towards a
subsequent nine-year period as continuous
service.
102 Education [No. 87

(9) Subject to sub-rule (8), where a


vacancy exists due to a teacher on long leave,
the Managing Authorities may employ a
temporary replacement teacher to fill the
vacancy in accordance with rule 66.

(10) A teacher for whom long leave has


been approved may serve as his own
replacement subject to the approval of the
Chief Education Officer.”.

Revocation 47. The principal Rules are amended by revoking rule 82


and
replacement
and substituting the following -
of rule 82.
“Professional 82.-(1) Professional development leave may
Development
leave. be granted to a teacher to enable the teacher
to attend a course, conference or seminar on
a matter connected to his professional
development or to educational development
in general.

(2) The teacher shall apply for such leave


Schedule 3 on Form EDR 13 set out in Schedule 3 and
shall, at the time of application, provide
evidence that he is nominated or is officially
invited to attend the course, conference or
seminar, and any other details as are required
including the details for teaching the students
affected by such leave.

(3) The Managing Authority may


approve requests for such leave up to nine
consecutive school days.

(4) Authority for approval of requests for


leave of at least ten consecutive school days
shall lie with the Commission and in this case,
the Managing Authority shall forward the
No. 87] Education 103

request along with his recommendation on the


matter to the Commission.”.

48. The principal Rules are amended by revoking rule 83 Revocation


and
and substituting the following - replacement
of rule 83.
“Study leave 83.-(1) A teacher may, subject to the approval
with pay,
without pay, of the Commission, be granted leave with
bond, pay to enable him to undertake a full-time
extension,
vacancy, etc. course of study that is pertinent to his
professional development as a teacher.

(2) A teacher may, subject to the approval


of the Commission, be granted study leave
without pay where -

(a) the school at which the teacher


is assigned has exhausted its
quota of teachers on approved
study leave with pay; or

(b) that teacher expressly applies


for study leave without pay to
undertake a full-time course of
study that is pertinent to his
professional development as a
teacher.

(3) A teacher shall not be eligible to be


granted study leave where that teacher has
not served at least one full school year in the
teaching service prior to proceeding on study
leave.

(4) Subject to sub-rule (5) a teacher who


is recipient of a scholarship from or through
the Government shall be granted study leave
with pay.
104 Education [No. 87

(5) Study leave with pay shall not be


approved to pursue training at a level
equivalent to a qualification already possessed
by the teacher or to pursue training which
does not enhance the professional
development of the teacher.

(6) A teacher shall apply for study leave


Schedule 3 on Form EDR 14 set out in Schedule 3 to the
Managing Authority and the Managing
Authority shall forward the application, with
its recommendation to the Commission for
approval no later than 31 December of the
year prior to the year in which the study leave
is applied for.

(7) For study leave with pay, salary grant


shall be made as follows -

(a) one hundred percent of salary


for the period of study leave
being one academic year or less;

(b) eighty percent of salary for the


period of study leave being more
than one academic year but less
than three years; or

(c) fifty percent of salary where the


Commission has approved an
extension of the period of study
leave for one year or less.

(8) A teacher on study leave with pay


shall sign a bond of service with the Ministry
which shall specify the conditions to be met
by the teacher during the course of studies
including -
No. 87] Education 105

(a) to follow the programme of


studies approved by the
Commission;

(b) to maintain a minimum


cumulative Grade Point
Average of 2.5 or its equivalent
throughout the period of study
leave; and

(c) to submit to the Commission


and the Managing Authority
progress reports signed by an
appropriate officer of the
institution at which the
programme of studies is being
undertaken at the end of each
semester of studies.

(9) The duration of service required by


the bond shall vary depending on the duration
of the course of training in accordance with
the following -

Duration Period Bonded

(a) up to 4 months nil

(b) more than 4 months one year


but not more than
12 months

(c) more than 12 months two years


but not more
than 30 months

(d) more than 31 months three years


but not more than 36
months
106 Education [No. 87

(10) The amount of a teacher’s bond shall


be equivalent to the amount of the salary and
allowances paid during the period of training
and the total amount of such expenditure
shall be the extent of a teacher’s indebtedness
and shall be secured by a guarantor.

(11) Where the approval of study leave


with pay is also supported by additional
financial assistance or scholarship from or
through the Government of Belize, the total
amount of a teacher’s bond shall be equivalent
to the estimated cost of training and the amount
of the salary and allowances paid during the
period of training.

(12) If a teacher fails to complete the


requisite number of months of service required
by his bond, his indebtedness shall be
equivalent to the period of service for which
he is in default.

(13) The amount of the indebtedness shall


be paid on demand either by the teacher or his
guarantor to the Government of Belize.

(14) A teacher shall, after successful


completion of an approved course of study,
be required to fulfil the requirements of his
bond before study leave to pursue a further
course of study may be approved.

(15) A teacher on study leave without pay


shall sign an agreement of service with the
Ministry which shall specify the conditions to
be met by the teacher during the course of
studies including -
No. 87] Education 107

(a) to follow the programme of


studies approved by the
Commission;

(b) to maintain a minimum


cumulative Grade Point
Average of 2.5 or its equivalent
throughout the period of study
leave;

(c) to submit to the Commission


and the Managing Authority
progress reports signed by an
appropriate officer of the
institution at which the
programme of studies is being
undertaken at the end of each
semester of studies; and

(d) to indicate his intention to return


to his substantive post no later
than six months prior to the
expiry of his study leave without
pay.

(16) A teacher may apply for an extension


of study leave and an extension may be
granted if it is considered that such extension
is in the interest of the teaching service and an
application for extension of study leave shall
be accompanied by the following -

(a) a letter of support from the


teacher’s Managing Authority;

(b) evidence of the need and reason


for the extension from the
institution where the teacher is
attending the course of study;
108 Education [No. 87

(c) a Program Schedule showing


the sequence of the offering of
the courses comprising the
program of studies; and

(d) an Official Transcript of courses


completed with grades attained.

(17) Disciplinary measures, including


withdrawal of study leave, possible loss of
pay, suspension, or dismissal may result if a
teacher -

(a) fails to comply with sub-rule (8)


or (15);

(b) fails to resume duties on the


approved date of resumption of
duties without the approval of
the Commission; or

(c) abandons the course of study


without the approval of the
Commission.

(18) A teacher who discontinues study


leave due to maternity leave or extended sick
leave shall not automatically be allowed to
continue study leave but shall re-apply to the
Commission for approval of the continuation
of study leave previously granted.

(19) Where a teacher discontinues study


leave and proceeds on maternity leave, the
requirements as set out in rule 79 shall apply.

(20) Where a teacher discontinues study


leave and is granted extended sick leave, the
requirements as set out in rule 78 shall apply.
No. 87] Education 109

(21) A teacher who discontinues study


leave for the reasons stated in sub-rule (18)
shall re-apply for such leave in accordance
with rules 78 and 79, as the case may be.

(22) A teacher under sub-rule (21) shall


resume duties at his substantive post pending
a determination by the Commission.

(23) Where a vacancy is created by a


teacher who proceeded on study leave by
abandonment of post, resignation or
otherwise, the vacancy created shall be filled
in accordance with rule 66.”.

49. The principal Rules are amended by revoking rule 84 Revocation


and
and substituting the following - replacement
of rule 84.
“Special 84.-(1) The Commission may approve special
leave.
leave on full salary for a purpose deemed by
the Commission to be in the public and
national interests including to enable a teacher-

(a) who is a member of the Belize


Defence Force to attend annual
training;

(b) who is selected by the proper


authorities to represent Belize at
internationally at sporting
events, and cultural events; or

(c) to attend courses, seminars or


conferences sponsored by
churches or civic organisations.

(2) Any special leave under sub-rule (1)


shall not normally exceed two consecutive
110 Education [No. 87

weeks and shall not exceed a total of twenty


school days in any school year.

(3) A Managing Authority shall, at least


two weeks prior to the date of commencement
of the intended special leave, submit to the
Commission for its approval applications for
special leave under this Rule on Form EDR
Schedule 3 15 set out in Schedule 3.”.

Revocation 50. The principal Rules are amended by revoking rule 85


and
replacement
and substituting the following -
of Rule 85.
“Leave 85.-(1) The Commission, may grant leave
without pay
for special
without pay to a teacher for special reasons as
reasons. follows -

(a) pursuant to rule 79(7), to allow


a teacher who requires
continuing leave beyond normal
entitlement after the expiration
of approved maternity leave to
be kept on the staff of the school;

(b) to allow a teacher who is unable


to resume duties at the expiration
of extended sick leave to
maintain the teacher’s continuity
of service and preserve his post
until a determination is made on
the fitness of the teacher to
continue employment in the
teaching service;

(c) to allow a teacher who is elected


or appointed to a public office in
a full time capacity to maintain
that teacher’s continuity of
service and preserve his post;
No. 87] Education 111

(d) to allow a teacher to pursue


studies unrelated to his
professional development as a
teacher while maintaining his
continuity of service but not
preserving his post;

(e) to amalgamate a break in service


in accordance with Section 7(1)
Cap 42 and (2) of the School Teacher’s
Pensions Act; or

(f) for any other special reason


determined by the Commission.

(2) Where a teacher applies for leave


under sub-rule (1)(f) and the leave is supported
by the Managing Authority, such leave if
approved by the Commission shall not exceed
one year.

(3) Leave pursuant to sub-rule (2) may be


extended but such extension shall not exceed
two consecutive years.

(4) Leave without pay shall not be


considered as “service” for pension purposes.

(5) A teacher who proceeds on study


leave as stipulated in sub-rule (1)(d) shall not
automatically revert to his substantive post at
the school to which he was attached at the
completion of his course of studies and that
teacher shall indicate his intention to continue
in the employment of his Managing Authority
six months prior to completion of studies.
112 Education [No. 87

(6) A teacher may apply for leave without


pay to the Commission through the Managing
Authority on Form EDR 16 set out in
Schedule 3. Schedule 3. “.

Revocation 51. The principal Rules are amended by revoking rule 86


and
replacement and substituting the following -
of rule 86.
“Pay for 86.-(1) A teacher, appointed or otherwise,
school
vacation who has served for one hundred and eighty
periods. consecutive school days under the same
Managing Authority during one school year
shall be entitled to the payment of salary for
the months of July and August of that school
year.

(2) If a teacher is temporarily employed


in a month in which the Christmas holiday or
Easter vacation falls, that teacher shall receive
pay for the vacation period if his employment
continues after the end of vacation. In other
cases he shall be paid only for the period
employed.” .

Revocation 52. The principal Rules are amended by revoking rule 87


and
replacement
and substituting the following -
of rule 87.

“Assessment 87.-(1) A Managing Authority, or other


of staff.
appropriate persons authorised by the
Managing Authority, shall conduct
performance appraisals of each Principal
under their management at least twice
annually using the Forms EDR 17A and
Schedule 3 EDR 17B set out in Schedule 3.

(2) The Principal shall conduct a


performance appraisal of each Vice-Principal,
head of department and teacher twice annually
No. 87] Education 113

using the Forms EDR 18A, EDR 18B, and


Schedule 3 EDR 18C set out in Schedule 3 as applicable.

(3) A Vice Principal and head of


department may also be assigned the duty to
appraise teaching staff.

(4) Teaching Staff at upper primary and


secondary level schools is subject to student
assessment twice annually in the Form EDR
Schedule 3 19A and EDR 19B set out in Schedule 3 and
analysis of such assessment shall be for the
purpose of school improvement planning for
improving teacher’s teaching and learning
processes and student-teacher relations.

(5) The principal shall appraise non-


teaching staff at least once during each school
year using the standard assessment Form
Schedule 3 EDR 20 set out in Schedule 3.

(6) On completion of a performance


appraisal, the person doing the appraisal shall
discuss the evaluation with the person being
appraised and in so doing shall -

(a) discuss the performance ratings


of the person being assessed in
the various areas assessed;

(b) identify and analyze the


strengths and weaknesses of the
person being appraised; and

(c) determine recommendations for


actions to be taken to address
weaknesses identified.
114 Education [No. 87

(7) On completion of the discussion of an


appraisal under sub-rule (5), the person being
appraised shall sign the appraisal form and
indicate his agreement or otherwise with the
appraisal and if that person disagrees with
any aspect of the assessment he may provide
justification for such disagreement.

(8) The Managing Authority shall -

(a) forward the signed performance


appraisal form and any
justification for disagreement
under sub-rule (7) to the
Commission;

(b) forward to the person appraised


copies of all forms forwarded to
the Commission; and

(c) retain copies of all forms


forwarded for their information,
action and record.

(9) The consequences of a less than


satisfactory performance appraisal may
include -

(a) deferral or loss of increment;

(b) demotion in rank; or

(c) subject to sub-regulation (10),


dismissal.

(10) A performance appraisal which is


less than satisfactory may be deemed a breach
of contract warranting dismissal -
No. 87] Education 115

(a) where the person is rated


ineffective on his performance
appraisal and shows no
competence;

(b) where the person is rated


marginal on his performance
appraisal and fails to improve
performance upon subsequent
performance appraisals.”.

53. The principal Rules are amended by revoking rule 88 Revocation


and
and substituting the following - replacement
of rule 88.
“Incremental 88.-(1) Subject to sub-rules (2) and (3), an
dates.
annual increment shall accrue from the
beginning of the month in which it becomes
due.

(2) Where a probationary period is


successful, the incremental date shall be the
first day of the month if the teacher’s date of
employment or promotion falls between the
first to the fifteenth day of the month, inclusive,
but in a case, where the teacher’s date of
employment or promotion is after the fifteenth
day of the month, the incremental date shall
be on the first day of the following month.

(3) Where a teacher attains higher


qualifications, any additional increment for
higher qualifications shall take effect at the
beginning of the month after the month in
which the qualification was gained and this
shall not alter the normal annual incremental
date.

(4) Any change in salary scale resulting


from higher qualifications shall take effect at
116 Education [No. 87

the beginning of the month after the month in


which the qualification was gained and this
shall not alter the normal annual incremental
date.

(5) Where an increment is withheld or


deferred due to inadequate performance, an
improvement plan, including subsequent
evaluation date, must be developed by the
Managing Authority and if such subsequent
evaluation is favorable, the increment shall
be given starting from the date of the favorable
evaluation and the normal annual incremental
date shall remain unchanged.”.

Revocation 54. The principal Rules are amended by revoking rule 89


and
replacement and substituting the following -
of rule 89.
“Increments. 89.-(1) Where a teacher is paid on a salary
scale, an annual increment shall be awarded
if that teacher obtains a satisfactory
performance and has not reached the
maximum point on the salary scale, and there
is no other disentitling factor bearing on the
award of the increment.

(2) In order to qualify for the annual


increment, a teacher must be employed for
not less than one year.

(3) The Managing Authority shall submit


to the Commission for necessary action, the
annual increment form, as set out in Form
Schedule 3 EDR 23 in Schedule 3 for each teacher under
its management who qualifies for an increment
and indicating whether or not the teacher is to
receive an increment. Every completed form
must be received by the Commission not less
than six weeks before the increment is due.
No. 87] Education 117

(4) For the purpose of this rule, satisfactory


performance justifying the award of an
increment shall include as the major
determining factors the last two performance
appraisal reports of the teacher conducted in
the year immediately preceding the increment
date.

(5) Subject to any specific conditions of


employment, a teacher on continuous
temporary teaching services for a period
exceeding one year in a post to which an
annual salary scale is attached may, if such
service is satisfactory, qualify for the grant of
an increment.”.

55. The principal Rules are amended by revoking rule 90 Revocation


and
and substituting the following - replacement
of rule 90.

“Loss of 90.-(1) The Managing Authority, subject to


increments.
the approval of the Commission, may apply
the consequences under rule 87(9) where the
teacher obtained a less than satisfactory
performance appraisal.

(2) The Managing Authority or any


suitable person designated to act on its behalf
shall, where an increment is withheld, provide
support to the teacher to develop an
improvement plan and shall conduct a further
appraisal of the teacher within six months
following the implementation of the
improvement plan.

(3) Where a further performance


appraisal under sub-rule (2) indicates
improvement in the teacher’s performance to
a satisfactory level, the Managing Authority,
subject to the approval of the Commission,
118 Education [No. 87

shall restore the increment to the teacher from


the date of the satisfactory performance
appraisal report.

(4) Where a further performance


appraisal indicates failure of the teacher to
improve performance to a satisfactory level,
the Managing Authority, subject to the
approval of the Commission, shall determine
the appropriate consequence in accordance
with rule 87(9).

(5) Where an increment is deferred for


one year -

(a) if further appraisal of the teacher


is satisfactory at the end of this
period, the Managing Authority,
subject to the approval of the
Commission, shall grant the
teacher two increments from the
date of satisfactory performance
appraisal which shall restore
him to the point on the scale
which he would have reached;
or

(b) if further appraisal of the teacher


is unsatisfactory at the end of
this period, the Managing
Authority, subject to the
approval of the Commission,
shall stop the increment that
would have been earned had the
teacher performed satisfactorily
at the end of this period.
No. 87] Education 119

(6) Where an increment is not


approved by the Managing Authority,
the teacher shall be informed of the
reasons why the increment was not
approved.

(7) Where an increment is not


approved, an appeal may be made on
Schedule 3 the Form EDR 21 set out in Schedule 3.

(8) If for any reason other than those


allowed under these Rules, a teacher
does not receive his increments for any
particular year he shall be paid the full
increment due to him retroactive to the
qualifying date.”.

56. The principal Rules are amended by revoking rule 91 Revocation


and substituting the following - and
replacement
of rule 91.
“Special 91.-(1) A teacher who shows -
awards.

(a) leadership, commitment and is


consistently outstanding, or

(b) exceptional zeal for his work,


including undertaking additional
relevant training for which
salary increments are not
awarded, and takes initiative to
introduce innovation in his
school,

may be granted upon recommendation by the


Principal and request by the Managing
Authority, a lump sum merit award equivalent
to two increments or one thousand
dollars(whichever is less), provided that he
120 Education [No. 87

shall not be granted such merit award more


than once every five years.

(2) The Commission may review the


request for conveying a special award under
the sub-rule (1) and make a recommendation
to the Minister for his approval.

(3) A teacher who serves satisfactorily


for three consecutive years in any designated
rural hardship area shall be given a merit
award equivalent to one increment at the end
of the period of service, in addition to any
other allowances to which the teacher is
entitled.

(4) A teacher who has successfully


completed three years of service at the
maximum of his last salary scale shall be
given a one-time long-service grant equal to
three increments, subject to the conditions
under rule 89 or the granting of annual
increments.”.

Revocation 57. The principal Rules are amended by revoking rule 92


and
replacement and substituting the following -
of rule 92.
“Conduct at 92. The code of conduct pursuant to section
work.
29(13) of the Act shall conform to the
following -

(a) provide for the proper standard


of attire;

(b) exclude unreasonable


restrictions or requirements;

(c) provide for clear standards that


are expressed in writing to staff;
No. 87] Education 121

(d) neither directly nor indirectly,


or unfairly discriminate among
persons on grounds of gender,
disability, race, religion,
ethnicity, socio-economic status,
political affiliation, or any other
forms of discrimination; and

(e) respect for individual’s


fundamental human rights as
stipulated by the laws of Belize
and regional and international
treaties and conventions to which
Belize is a party.”.

58. The principal Rules are amended by inserting after Insertion of


new rule 92A.
rule 92, the following new rule 92A -

“Minor and 92A-(1) For the purpose of this rule, offences


major
offences constitute such offences where a teacher fails
to perform his lawful duties or willfully
disobeys legal orders reasonably given by
those duly authorized to give such orders,
repeated neglect of duty or failure to observe
regulations and requirements under the Act,
these Rules and approved school rules and
where a teacher conducts himself in a manner,
whether in the course of his duty or not,
inconsistent with the expressed or implied
conditions of his service, or in a manner
prejudicial to the efficient or effective
operation of the school, or in a manner which
otherwise brings the teaching profession into
disrepute or is considered inimical to the
interests of education.

(2) Minor offences include -


122 Education [No. 87

(a) violations in relation to


attendance and punctuality
including-

(i) repeated tardiness in


reporting for duty; or

(ii) unexcused absences;

(b) violations in relation to


professional conduct and failure
to perform duties such as -

(i) campaigning actively in


school for or against any
political party or candidate
in any national or
municipal election;

(ii) failure to do lesson plans;

(iii) failure to submit grade


reports;

(iv) failure to maintain student


records;

(v) repeated neglect of duties;

(vi) use of school property or


facilities without
permission;

(vii) resignation without giving


the required notice; or

(viii) failure to participate in


professional development
No. 87] Education 123

workshops, seminars, or
programs as required.

(3) Major offences include -

(a) offences in regard to professional


conduct and obligations
including -

(i) failure to maintain a


teaching licence;

(ii) refusal to implement


strategies for improving
p e r f o r m a n c e
recommended through a
clinical supervision
process;

(iii) repeated failure to


implement strategies for
improving performance
recommended through a
clinical supervision
process;

(iv) failure to carry out orders


by administration or
persons in authority,
abandonment of duties or
insubordination;

(v) failure to get proper


authorization to take
students on a field trip or
to modify the itinerary of
the trip once authorized;
124 Education [No. 87

(vi) failure to satisfactorily


correct behaviour after
minor offences are brought
to the teacher’s attention
in conformity with the
procedures set out in
Schedule 6 Schedule 6;

(vii) failure to comply with


mandatory reporting
requirements in relation to
child abuse under the
Cap 173 Families and Children Act;

(viii) change of study leave


program without
authorization;

(ix) discontinuation of studies


in relation to study leave
without informing the
school, the Managing
Authority, the Ministry and
the Commission;

(x) failure or refusal to sign


study leave bond;

(xi) failure to fulfill the


conditions of study leave
bond; or

(xii) failure to maintain the


required 2.5 grade point
average or its equivalent
in accordance with study
leave bond agreement;
No. 87] Education 125

(b) criminal conduct or conduct


which is physically or morally
harmful to students or other
members of staff including –

(i) sexual abuse;

(ii) carnal knowledge;

(iii) child molestation;

(iv) rape;

(v) corporal punishment and


other forms of physical
punishment;

(vi) verbal abuse, use of


threatening words,
intimidation, and harass-
ment of students,
colleagues or adminis-
trators;

(vii) sexual harassment;

(viii) assault of colleagues,


parents, administrators;

(ix) discrimination against


students on the basis of
race, creed, gender,
disability, association or
other similar characteristic;

(x) action directed at subverting


the democratic process or
interests of the community;

(xi) conviction of a criminal


offence;
126 Education [No. 87

(xii) criminal misconduct


outside the school setting;

(xiii) possession of illicit drugs;

(xiv) use of illicit drugs;

(xv) sale and distribution of


controlled substances or
illicit drugs;

(xvi) drunken and disorderly


conduct in the school
setting or in the public;

(xvii) destruction of school


property;

(xviii) forgery or submission of


false documents;

(xix) misappropriation of school


funds;

(xx) possession or distribution of


pornography;

(xxi) theft or fraud;

(xxii) possession of an illegal


firearm or ammunition;

(xxiii) use of a dangerous firearm


or ammunition within the
school setting; or

(xxiv) unauthorised possession of


a licensed firearm or
No. 87] Education 127

ammunition in the school


setting.”.

59. The principal Rules are amended by revoking rule 93 Revocation


and substituting the following - and
replacement
of rule 93.

“Disciplinary 93.-(1) A Managing Authority may initiate


procedures
disciplinary proceedings for minor and major
offences under rule 92A against a teacher in
accordance with the provisions of the Act.

(2) A Managing Authority may take


disciplinary action for minor offences in
Schedule 6 accordance with Schedule 6, which may be
documented and recorded on the teacher’s
personal file.

(3) In respect of repeated minor offences,


where a Managing Authority has utilized
measures under sub-rule (2) and the teacher
engages in the same behaviour or action
leading to a major offence, the teacher shall
be issued with a final written reprimand
articulating the charges and inviting him to be
heard in his own defense at a hearing of the
charges and the process outlined in sub-rules
(6)-(18) shall apply.

(4) A repeated minor offence may become


a major offence where the repeated minor
offence has resulted in a final written
reprimand after successive oral and written
reprimands and such repeated behaviour or
action may, with the approval of the
Commission, warrant termination.

(5) A Managing Authority shall, upon


receipt of a report or upon becoming reliably
128 Education [No. 87

informed of possible misconduct that may


constitute a major offence on the part of any
teacher, conform to principles of due process
and the rule of law and all documentation
describing the process followed and all other
pertinent documentation on the case must be
submitted to the Commission for its review.

(6) A Managing Authority may, where


allegations of the commission of a major offence
have been made or where repeated minor
offences have resulted in a major offence, place
a teacher on administrative leave while it
investigates an accusation of misconduct against
him if the Managing Authority has grounds to
believe that it is in the best interest of the
students and the school.

(7) The Managing Authority shall, whether


or not it decides to place a teacher on
administrative leave while it conducts an
investigation of alleged misconduct, -

(a) immediately notify the teacher


in writing of alleged misconduct;
and

(b) conduct a formal investigation


into the alleged misconduct.

(8) The Managing Authority shall, at the


conclusion of the investigation, decide
whether there are grounds to bring charges
against the teacher for the alleged misconduct.

(9) The Managing Authority shall, where


it finds that there are no grounds for the
alleged misconduct, inform the teacher in
No. 87] Education 129

writing of its findings and the teacher shall


continue in employment without prejudice to
his status or emoluments.

(10) The Managing Authority shall, where


it finds that there are grounds to bring charges
against the teacher for the alleged misconduct,-

(a) notify the teacher in writing of


charges against him;

(b) provide the teacher with a copy


of all documentary evidence
including transcripts, recordings
or affidavits and any other
evidence;

(c) may place the teacher on


interdiction with not less than
50% salary, where it considers
that it is in the interest of the
students and school that the
teacher immediately ceases to
perform his functions; and

(d) may set a date and venue for a


hearing and notify the teacher of
date and venue of hearing or
request the teacher or his agent
to respond in writing within a
reasonable specified time to
afford the teacher the
opportunity to be heard in his
own defense.

(11) Where a hearing for a teacher placed


on interdiction pursuant to sub-rule (10)(c), is
not conducted within thirty days of the date of
130 Education [No. 87

notification under sub-rule (10)(a) the teacher


shall be reinstated without prejudice to his
status or emoluments if the teacher had
presented himself at each scheduled hearing.

(12) A teacher shall have the right to have


an agent present at the hearing to advise or
represent him.

(13) Documentary evidence shall not be


used against a teacher unless the teacher has
previously been supplied with or given access
to a copy of the evidence.

(14) The Managing Authority shall, where


after a hearing the charges are made out,
determine the appropriate disciplinary measure
in accordance with rule 97.

(15) Where, after a hearing, the charges


are not made out, the teacher shall continue in
employment without prejudice to his status or
emoluments.

(16) Whether or not the proceedings result


in disciplinary measures, copies of all written
correspondences and attachments sent to or
from the teacher or his agent during the
disciplinary proceedings shall be placed on
the teacher’s personal file maintained by the
Managing Authority.

(17) Where disciplinary proceedings result


in recommendation for disciplinary measures
to be taken against a teacher, the Managing
Authority shall submit under confidential
cover to the Commission -
No. 87] Education 131

(i) its recommendation for


disciplinary measures with
justification,

(ii) a copy of the transcript of the


disciplinary hearing, and

(iii) copies of all correspondences


and attachments sent to or from
the teacher or his agent during
the disciplinary proceedings.

(18) The Commission may, upon receipt


of the submission and if it thinks fit, cause
further investigation to be made into the matter
and where it is necessary, the teacher may be
asked to appear before the Commission and
be given a reasonable opportunity to be heard
in his own defence, with or without an agent
to assist or act on his behalf at the hearing.

(19) If without good reason, the teacher


against whom disciplinary proceedings have
been instituted or his agent does not attend
the hearing, the Commission may proceed
and conclude the matter in his absence.

(20) Where good reason is given to the


Commission on behalf of the teacher as to
why he is unable to attend the hearing, the
Commission may postpone the hearing but
not to the extent that quick and effective
justice is prejudiced.

(21) The Commission shall make a


determination pursuant to section 17(2)(h) of
the Act as soon as possible.
132 Education [No. 87

(22)Where the Commission determines


that the Managing Authority did not apply
due process, has not established the grounds
for suspension, termination, dismissal or other
disciplinary action or where the Managing
Authority has failed to provide complete
documentation, the teacher’s status shall
remain unchanged.

(23) Pursuant to sub-rule (22), the


Commission may refer the matter back to the
Managing Authority for its review and the
Managing Authority may make a revised case
submission.

(24) The Commission may approve


disciplinary action pursuant to section 41(3)(f)
of the Act, against a teacher where the following
conditions are fulfilled -

(a) the Managing Authority


provides complete
documentation on a case;

(b) where due process is evident;

(c) where grounds for suspension,


termination, dismissal or other
disciplinary action are supported
by the evidence presented; and

(d) there is no infringement on a


teacher’s constitutional rights.

(25) The Commission shall inform the


Managing Authority and the teacher of its
determination and shall inform the teacher of
his right to appeal under section 20(2) of the
Act.”.
No. 87] Education 133

60. The principal Rules are amended by revoking rule 94 Revocation


and
and substituting the following - replacement
of rule 94.
“Administrative 94.-(1) The Managing Authority may place a
leave.
teacher on administrative leave while the
Managing Authority investigates an allegation
of misconduct against him if the Managing
Authority has grounds to believe that it is in
the best interest of the students and the school
to do so and the Managing Authority shall
inform the teacher, in writing, of the grounds
of the accusation against him and a copy of
the notice shall be forwarded to the
Commission.

(2) Where a teacher has been placed on


administrative leave under sub-rule (1) of this
rule he shall receive a full salary.

(3) If charges are not brought against a


teacher within twenty working days, the
teacher shall be immediately reinstated
without prejudice to his status or emoluments.

(4) Where a Managing Authority believes


the circumstances warrant an extension of
time of the period under sub-rule (3) above,
the Managing Authority may request from
the Commission an extension of the time for
bringing a formal case against the teacher and
such extension of time shall be of five working
days.”.

61. The principal Rules are amended by inserting after Insertion of


rule 94, the following new rule 94A - new rule 94A.
134 Education [No. 87

“Disciplinary 94A. Where a teacher while on secondment


proceedings
for teachers or posted as an Itinerant Resource Officer is
on alleged by the receiving organization to have
secondment
etc. committed a major offence, the receiving
organisation shall direct the teacher to report
to the Managing Authority of the school from
which he was seconded for the disciplinary
procedures under rule 93 to be applied and
the teacher may be placed on administrative
leave pursuant to rule 94.”.

Revocation 62. The principal Rules are amended by revoking rule 95


and
replacement
and substituting the following -
of rule 95.
“C a s e s 95. Where a Principal has substantial grounds
involving
drugs, on which to accuse or suspect a teacher of use
firearms, of illicit drugs, or possession of firearms,
pornography
etc. ammunition, pornographic or subversive
materials at school, he shall report the matter
to the Police for action.”.
Revocation
and 63. The principal Rules are amended by revoking rule 96
replacement and substituting the following -
of rule 96.

“Criminal 96.-(1) The Managing Authority may initiate


proceedings disciplinary proceedings against a teacher
against a
teacher. who has been criminally charged.

(2) Where criminal proceedings are


instituted against a teacher and where the
Managing Authority considers it in the best
interest of the students and the school that the
teacher immediately ceases to perform his
duties, the Managing Authority may interdict
the teacher from his duties and the Managing
Authority shall submit to the Commission a
written report detailing the charge and grounds
for the interdiction.
No. 87] Education 135

(3) Where the Commission agrees with


interdiction of the teacher, such interdiction
shall be instituted pending the outcome of the
criminal proceedings. The teacher may
receive a portion of his salary being not less
than fifty percent as approved by the
Commission on the recommendation of the
Managing Authority for a period not
exceeding six months.

(4) Where the teacher is found innocent


of the charge, the teacher shall continue in
employment without prejudice to his status or
emoluments.

(5) Where a teacher pleads guilty to a


criminal charge, or a criminal charge is proved
against a teacher, the teacher may be subject
to disciplinary proceedings for an act of
misconduct or indiscipline contrary to the
Act and these Rules.

(6) Disciplinary proceedings may be


instituted under sub-rule (1) of this rule
notwithstanding that the teacher has appealed
a conviction arising out of the criminal
proceedings.”.

64. The principal Rules are amended by revoking rule 97 Revocation


and
and substituting the following - replacement
of rule 97.
“Disciplinary 97.-(1) Where a teacher has repeatedly
measures.
committed acts amounting to minor offences
and has failed to improve following formal
written warnings or reprimands, or where the
teacher has committed a major offence, the
Managing Authority shall, having established
the charges against the teacher in accordance
136 Education [No. 87

with the procedures laid out in rule 93, adopt


one, or a combination of the measures listed
below and the adoption of that measure shall
have regard to the seriousness of the offence
and be appropriate to the circumstances of the
case -

(a) demotion in rank;

(b) fine or loss of salary;

(c) suspension with loss of pay not


exceeding fifty percent for a
period not exceeding six work
weeks;

(d) retirement in the interest of the


profession;

(e) dismissal; or

(f) dismissal and revocation of


licence.

(2) Where disciplinary proceedings result


in a recommendation for one or a combination
of the disciplinary measures specified at sub-
rule (1) above to be taken against a teacher,
the Managing Authority shall submit to the
Commission -

(a) its recommendation for


disciplinary measures with
justification;

(b) a copy of the transcript of the


disciplinary hearing; and
No. 87] Education 137

(c) copies of all correspondences


and attachments sent to or from
the teacher or his agent during
the disciplinary proceedings.

(3) The Managing Authority, within five


working days of receiving the decision of the
Commission, shall inform the teacher of the
decision, any penalty imposed on him, and of
his right to appeal to the Tribunal and of the
time required for making such appeal.

(4) In accordance with section 14 of the Cap 42.


School Teachers’ Pensions Act, no teacher
who for gross negligence, irregularity or
misconduct, is dismissed or called upon to
resign from his employment shall be granted
a pension or gratuity unless the Governor-
General directs otherwise.

(5) Where a disciplinary charge brought


against a teacher has not been proven, the
teacher shall be immediately reinstated
without prejudice to his position and the
payment of the total salary withheld.

(6) Where the teacher lodges an appeal


with the Tribunal within the specified period,
the penalty imposed by the Commission or
Managing Authority, as the case may be,
shall take effect pending the determination of
the appeal by the Tribunal.”.

65. The principal Rules are amended by revoking rule 99 Revocation


and substituting the following - and
replacement
of rule 99.
138 Education [No. 87

“Appeal 99. An appeal made in accordance with


against
suspension, section 33 of the Act shall be made on Form
dismissal, EDR 22 set out in Schedule 3.”.
termination
of service, etc.
Schedule 3

Revocation 66. The principal Rules are amended by revoking rule


and
replacement 101 and substituting the following -
of rule 101.
“Legal action 101. Where legal proceedings are initiated
against a
teacher. against a teacher of a Government or
Government-aided school, or institution, in
respect of any act or omission performed in
the performance of his duties, that teacher
may be entitled to assistance for the cost of
legal representation and the extent of such
assistance shall be determined and payable
by the Ministry at its own discretion.”.

Insertion of 67. The principal Rules are amended by inserting after


new rule
101A.
rule 101, the following new rule 101A -

“Industrial 101A. A labour dispute which may involve


action by
teachers.
or give rise to industrial action by teachers or
instructors shall be determined in accordance
with any law or enactment, which makes
provision for the determination of such
disputes.”.

Revocation 68. The principal Rules are amended by revoking rule


and
replacement
102 and substituting the following -
of rule 102.
“Strikes by 102.-(1) If a labour dispute results in industrial
teachers.
action by teachers or instructors, salaries and
wages of persons undertaking such action
may not be paid for any day or portion of a
day during which they are on strike.

(2) Teachers or instructors not on strike


shall report to work unless circumstances
No. 87] Education 139

beyond their control prevent them from doing


so.

(3) It shall be the duty of the Managing


Authority to maintain a record of those
teachers or instructors who are not present at
school during the strike.

(4) It shall be the duty of the Managing


Authority to take necessary measures to
ensure that schools and institutions are open
for classes and to ensure that there is safety
for the students and teachers present at a
school or institution during a strike.

(5) Where the Principal or Manager has


reasonable grounds to believe that the safety
of students and members of staff not on strike
may be at risk, the Principal or Manager may
close the school or institution and advise the
Managing Authority and the District
Education Centre of his decision.”.

69. The Principal Rules is amended in rule 141 by Amendment


revoking sub-rule (3). of rule 141.

70. The principal Rules are amended by revoking rule Revocation


149 and substituting the following - and
replacement
of rule 149.
“Arbitration “149.-(1) There is established an Arbitration
Panel.
Panel comprised of the following three
persons -

(a) a legal practitioner;

(b) a manager or Chief Executive


Officer from the private sector
or a quasi-governmental
organization; and
140 Education [No. 87

(c) an officer of the Public Service


who possesses skills in
mediation proceedings.

(2) The Arbitration Panel


established under sub-rule (1) shall hear
and decide on appeals against the refusal
to grant a license to teach by the Chief
Education Officer in accordance with
rule 60.

(3) The Arbitration Panel shall be


chaired by the member from the private
sector or quasi-governmental
organisation, as the case may be.

(4) An officer of the Ministry of


Education shall be designated by the
Chief Education Officer to act as
Secretary to the Panel.

(5) All decisions of the Arbitration


Panel shall be submitted in writing to the
Chief Education Officer and the
Chairperson of the Commission within
14 days of the decision of the Panel.”.

Insertion of 71. The principal Rules are amended by inserting after


new rule
149A.
rule 149 the following new rule 149A -

“Representation 149A. Every teacher is entitled to


by agents.
representation by an agent, whether legal
counsel or otherwise, in all matters related to
that teacher’s conditions of service.”.

Revocation 72. The principal Rules are amended by revoking the


and Schedule thereto and substituting the following Schedules –
replacement
of Schedules.
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MADE by the Minister responsible for Education this 1st day ofOctober,
2012.

PATRICK FABER
Minister responsible for Education

Printed in Belize by the Government Printer

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